Invalidity dossier
US 9179011
Telephone Communication System and Method of Using
Current assignee: ReadyComm LLC
Added 9/29/2026, 1:25:36 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for the patent and any related 2026 CAFC docket activity.
Let me check for any Federal Circuit (CAFC) activity involving ReadyComm or this patent.
One more targeted check for any Federal Circuit appeal docket.
US Patent 9,179,011 — Analyst Summary
Scope note: You asked specifically for US 9,179,011 in the USPTO database and CAFC 2026 dockets. I found no evidence of any Federal Circuit (CAFC) 2026 docket involving this patent or its current owner. See the "CAFC search result" section below — treat that as a negative finding rather than a confirmation that no appeal exists.
1. Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 9,179,011 B1 |
| Title | Telephone Communication System and Method of Using |
| Inventor | Paul Newman |
| Original assignee | Individual |
| Current assignee | ReadyComm LLC (assignment of interest from Newman recorded 2025‑10‑10) |
| Application no. | US 14/727,176 |
| Filing date (this application) | 2015‑06‑01 |
| Priority date | 2008‑06‑24 (continuation‑in‑part of US 12/145,316, issued as US 9,049,275 B1 on 2015‑06‑02) |
| Issue/publication date | 2015‑11‑03 |
| Anticipated expiration | 2028‑06‑24 |
| Claim count | 29 claims |
| Classification | H04M 19/08; H04M 1/03; H04M 3/54; H04M 9/001 |
| Legal status | Active (as listed) |
Two caveats on dates:
- Google Patents gives the filing date as 2015‑06‑01 (the CIP filing) with a 2008‑06‑24 priority claim. The ReadyComm complaint in ReadyComm LLC v. Avaya LLC (N.D. Tex. 3:25‑cv‑00640) instead states that "the application leading to the '011 Patent was filed on 2008‑06‑24." That statement conflates the priority/§120 date with the actual §111(a) filing date of 14/727,176. The patent's own cross‑reference section is the authoritative source: 12/145,316 was filed Jun. 24, 2008, and 14/727,176 is a continuation‑in‑part of it.
- Predecessor/related family member: US 9,049,275 B1 (per the Google Patents family entry). Note the Google Patents page also links "patent/US9049275B1/en" as the priority source.
2. Abstract (as issued)
"A telephone communication system has at least two telephones and each telephone may be placed in activated mode or in the alternative, stand‑by mode such that in stand‑by mode a phone is incapable of making or receiving a call until or unless switched to active mode. The system includes a switch configured to activate one of the telephone to be an active mode telephone such that all remaining telephones are on standby mode prior to making an outgoing call or taking an incoming call. The system is configured such that a standby telephone may be switched to active mode during a telephone call on‑the‑fly."
3. Plain‑language overview of the independent claims
Claim 1 — Core "one‑active‑phone" group system.
A group of N telephones (N ≥ 2), each capable of being in activated mode or stand‑by mode, but in stand‑by a phone cannot place or receive calls unless it is switched to active. Each phone has a switch. The switch activates one phone as the active phone so that all the other N−1 are on standby before an outgoing call is made or an incoming call is taken. At least one standby phone can be switched to active during a telephone call. In short: a shared group where exactly one phone is "live" at a time, and you can hand a live call between phones mid‑call.
Claim 15 — Group defined by a shared attribute, not a shared number.
At least two telephones associated as a group by at least one common attribute other than an identical calling number. Each can be active or standby; a standby phone cannot place or receive calls unless switched to active; the active phone is the only phone of the group capable of placing or receiving a call, and only one phone may be active. In short: the same active/standby discipline, but the phones are linked by some common characteristic (e.g., common billing account, common owner, common email/address) rather than a common phone number.
Claim 18 — PIN‑operated switch between standby and active.
At least two telephones, each placeable in active or standby mode, plus a switch operable with a personal identification number (PIN) associated with at least one of the telephones, to switch that phone between standby and active prior to making an outgoing call or taking an incoming call. In short: a PIN‑controlled mode flip that must happen before a call begins.
Dependent claims of note (not independent, but define the commercial core):
- Claim 7: common attribute = identical calling number.
- Claim 10: PIN entry lets a standby phone go active before, during, or after a call (this is the "on‑the‑fly redirect" hook, expressed dependently).
- Claims 12–14: the switch is a mobile switching device at the carrier that redirects an incoming or in‑progress call from the previously active phone to the newly activated phone, either by (a) placing the call on hold, putting the old phone on standby, then transferring — or (b) transferring first and then signalling the old phone to standby.
- Claim 22: each phone has its own unique number and all share a shared calling number, where a call to the shared number reaches only the phone previously placed in active mode (the "N+1"/common‑number variant).
- Claim 24: extends this to multiple groups sharing one common calling number.
Uncertainty flag: The claim text supplied to me is truncated after claim 27 of 29 claims (the fetch cuts off mid‑word in claim 27: "…at any time before, during or after a telephone ca"). Claims 28 and 29 are not visible in my source, so I cannot state with certainty whether a fourth independent claim exists among them. Based on the visible text, the independent claims are 1, 15, and 18.
4. CAFC / 2026 docket search result
Negative finding — no CAFC docket located. Multiple searches (including "9179011 patent CAFC 2026 appeal docket" and "ReadyComm Federal Circuit appeal 2026 9,179,011") returned no Federal Circuit appeal for this patent. The 2026 Federal Circuit summary for the week ending April 24, 2026 that surfaced in results involved U.S. Patent No. 10,193,917 (Centripetal/Keysight) — a different patent number — and I did not treat it as applicable, per the instruction not to return similar numbers.
What the results do show is an active district‑court campaign by ReadyComm LLC in 2025–2026. Per the Stanford NPE Litigation Database (https://npe.law.stanford.edu/patent/9179011) and PACER‑derived reporting:
- ReadyComm LLC v. Zoom Communications, Inc., 1:25‑cv‑02606 (D. Colo.)
- ReadyComm LLC v. NEC Corporation, 2:25‑cv‑00304 (E.D. Tex.) — voluntarily dismissed without prejudice (FRCP 41(a)(1)(A)(i)); refiling preserved
- ReadyComm LLC v. Avaya LLC, 3:25‑cv‑00640 (N.D. Tex.)
- ReadyComm LLC v. Intermedia.net, Inc., 1:25‑cv‑01274 (D. Del.)
- ReadyComm LLC v. Nextiva, Inc., 1:25‑cv‑01393 (D. Del.)
- ReadyComm LLC v. Ooma, Inc., 1:25‑cv‑01394 (D. Del.) — dismissed with prejudice, each side bearing own costs
- ReadyComm LLC v. OpenPhone Technologies, Inc., 1:26‑cv‑00097 (D. Del.)
- ReadyComm LLC v. Talkdesk, Inc., 1:26‑cv‑00098 (D. Del.)
- ReadyComm LLC v. Vonage Holdings Corp., 1:26‑cv‑00099 (D. Del.) — dismissed with prejudice within ~7 days
- ReadyComm LLC v. Net2Phone Global Services, LLC, 1:26‑cv‑00233 (D. Del.)
- ReadyComm LLC v. Crexendo, Inc., 1:26‑cv‑00234 (D. Del.) — referenced in a Crexendo quarterly report dated on/about Mar. 5, 2026
Note: the patent's Google Patents page also lists a newer Delaware case, 1:26‑cv‑00097 (Unified Patents litigation portal link), which matches the OpenPhone case above.
Caveat: These docket entries come from secondary aggregators (Stanford NPE database, PatSnap, Docket Alarm, Patexia, court filings) rather than a direct PACER pull. I did not independently verify each docket in PACER, and I could not locate a CAFC docket. If a 2026 Federal Circuit appeal exists, it was not indexed in the sources I searched — I am flagging that as an explicit uncertainty rather than asserting there is none.
5. Sources
- Full patent text (authoritative): https://patents.google.com/patent/US9179011/en
- FreePatentsOnline record: https://www.freepatentsonline.com/9179011.html
- Stanford NPE Litigation Database: https://npe.law.stanford.edu/patent/9179011
- Avaya complaint (N.D. Tex. 3:25‑cv‑00640): https://storage.courtlistener.com/recap/gov.uscourts.txnd.[401445](/patent/401445)/gov.uscourts.txnd.401445.1.0.pdf
- Unified Patents litigation portal (Delaware 1:26‑cv‑00097): https://portal.unifiedpatents.com/litigation/Delaware%20District%20Court/case/1%3A26-cv-00097
Bottom line: US 9,179,011 is a Paul Newman continuation‑in‑part directed to a multi‑telephone "one active, rest standby" system with mid‑call handoff, now owned by ReadyComm LLC and being asserted broadly against VoIP/UCaaS vendors in 2025–2026 district court litigation, with no Federal Circuit appeal identified in my search.
Generated 9/29/2026, 1:31:35 PM
Cases on file (12)
Group view →Specific litigation cases in our database that name US patent 9179011. The free-form analysis below may also discuss cases beyond this list.
Lawsuits filed per year
- ReadyComm LLC v. Crexendo, Inc.filed Mar 5, 20261:26-cv-00234D. Del.pending
Defendants: Crexendo, Inc.
- ReadyComm LLC v. Talkdesk, Inc.filed Jan 28, 20261:26-cv-00098D. Del. (Judge Noreika)terminated Feb 20, 2026terminated
Defendants: Talkdesk, Inc.
- ReadyComm LLC v. Dialpad, Inc.filed Nov 17, 20251:25-cv-01392D. Del.pending
Defendants: Dialpad, Inc.
- ReadyComm LLC v. Nextiva, Inc.filed Nov 17, 20251:25-cv-01393D. Del.pending (unresolved)
Defendants: Nextiva, Inc.
- ReadyComm LLC v. Intermedia.net, Inc.filed Oct 20, 20251:25-cv-01274D. Del.resolved/closed
Defendants: Intermedia.net, Inc.
- ReadyComm LLC v. Avaya LLCfiled Mar 17, 20253:25-cv-00640N.D. Tex., Dallas Divisionpending
Defendants: Avaya LLC
- ReadyComm LLC v. AT&T, Inc.filed Mar 14, 20252:25-cv-00302E.D. Tex. (Judge Rodney Gilstrap)terminated Apr 8, 2025dismissed
Defendants: AT&T, Inc.
- ReadyComm LLC v. Mitel Networks Corporationfiled Mar 14, 20252:25-cv-00303E.D. Tex. (Judge Gilstrap)terminated Mar 31, 2025dismissed
Defendants: Mitel Networks Corporation
- ReadyComm LLC v. NEC Corporationfiled Mar 14, 20252:25-cv-00304E.D. Tex. (Judge Gilstrap)dismissed without prejudice
Defendants: NEC Corporation
- 1:25-cv-02606D. Colo.dismissed with prejudice
Defendants: Zoom Communications Video, Inc.
- 1:25-cv-01394D. Del. (Judge Maryellen Noreika)dismissed with prejudice
Defendants: Ooma, Inc.
- 1:26-cv-00097District of Delawareunknown/unverified
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research this. Let me start with the litigation data sources.
Let me pull the dockets and identify the remaining defendants.
Litigation Involving U.S. Patent No. 9,179,011 ("the '011 patent")
Bottom line: Yes — there is substantial known litigation. Patent 9,179,011 is the subject of an active, single-patent assertion campaign by ReadyComm LLC (a New Mexico entity / patent assertion entity, Albuquerque, NM), which acquired the patent from inventor Paul Newman (assignment recorded to ReadyComm LLC on 2025-10-10). Every identified case was filed in 2025–2026 and targets VoIP / unified-communications / telephony vendors. I found no CAFC appeal and no PTAB proceeding involving the '011 patent to date.
One scoping note: I have deliberately excluded the parent patent U.S. 9,049,275 (the '011 patent is a continuation-in-part of Ser. No. 12/145,316, which issued as 9,049,275). The question asked only about 9,179,011.
Case list
| # | Plaintiff | Defendant | Jurisdiction | Case No. | Filed | Status / Outcome |
|---|---|---|---|---|---|---|
| 1 | ReadyComm LLC | AT&T, Inc. | E.D. Tex. (Judge Rodney Gilstrap) | 2:25-cv-00302 | 2025-03-14 | Dismissed — plaintiff's Notice of Voluntary Dismissal filed 2025-04-04; Order Dismissing Case entered 2025-04-08 |
| 2 | ReadyComm LLC | Mitel Networks Corporation | E.D. Tex. (Judge Gilstrap) | 2:25-cv-00303 | 2025-03-14 | Dismissed — Notice of Voluntary Dismissal 2025-03-29; Order Dismissing Case 2025-03-31 |
| 3 | ReadyComm LLC | NEC Corporation | E.D. Tex. (Judge Gilstrap) | 2:25-cv-00304 | 2025-03-14 | Dismissed without prejudice under FRCP 41(a)(1)(A)(i); court accepted/acknowledged notice, each party bears its own costs; no merits ruling, no fee-shifting |
| 4 | ReadyComm LLC | Avaya LLC | N.D. Tex., Dallas Div. | 3:25-cv-00640 | 2025-03-17 | Pending / no dispositive outcome identified in the sources reviewed; complaint (jury demand) filed, venue based on Avaya's Irving, TX place of business |
| 5 | ReadyComm LLC | Zoom Communications Video, Inc. | D. Colo. | 1:25-cv-02606 | 2025 (docket) | Dismissed with prejudice — plaintiff's Rule 41(a)(1)(A)(i) dismissal notice; each party bears own costs; defendant was represented by Mayer Brown |
| 6 | ReadyComm LLC | Intermedia.net, Inc. | D. Del. | 1:25-cv-01274 | 2025-10-20 | Resolved/closed — defendant answered and counterclaimed (2025-11-14), then Stipulation of Dismissal and "[SO ORDERED]" termination in late Nov. 2025 |
| 7 | ReadyComm LLC | Dialpad, Inc. | D. Del. | 1:25-cv-01392 | 2025-11-17 | Pending / status not confirmed in sources reviewed |
| 8 | ReadyComm LLC | Nextiva, Inc. | D. Del. | 1:25-cv-01393 | 2025-11-17 | Pending — docket activity through Feb. 2026 (stipulation to extend time, 2026-02-06); one aggregator labels it "Closed," which conflicts with the docket entries — treat as unresolved |
| 9 | ReadyComm LLC | Ooma, Inc. | D. Del. (Judge Maryellen Noreika) | 1:25-cv-01394 | 2025-11 | Dismissed with prejudice — Rule 41(a)(1)(A)(i) notice; each party bears own costs; resolved ~17 days after filing, pre-answer |
| 10 | ReadyComm LLC | Talkdesk, Inc. | D. Del. (Judge Noreika) | 1:26-cv-00098 | 2026-01-28 | Terminated 2026-02-20 (case flags: CLOSED, PATENT) |
| 11 | ReadyComm LLC | Crexendo, Inc. | D. Del. | 1:26-cv-00234 | 2026-03-05 (per Crexendo disclosure) | Pending — Crexendo disclosed the complaint in a quarterly report filed 2026 (referencing the March 5, 2026 filing) |
Sources: the patent page's own litigation feed (Google Patents, listing the Delaware, E.D. Tex., N.D. Tex., D. Colo. and E.D. Va. case links); Stanford NPE Litigation Database entry for patent 9179011; RPX Insight (noting ReadyComm's first suits against AT&T, Mitel and NEC on 2025-03-14); Justia dockets (AT&T and Mitel dismissal orders); CourtListener (Avaya and Zoom complaints); PatSnap Eureka summaries of the NEC, Ooma and Zoom dispositions; Docket Alarm (Dialpad, Nextiva); and PACER-derived case records.
Additional cases I could NOT resolve
The Google Patents litigation feed for this patent also lists these docket numbers, for which I did not confirm a defendant name or outcome before running out of search steps: 1:26-cv-00097, 1:26-cv-00099, and 1:26-cv-00233 (all District of Delaware), and 1:26-cv-00401 (Eastern District of Virginia). I am flagging these as unknown/unverified rather than guessing at the parties.
Pattern observations (attorney's read)
- One campaign, one patent. Every case identified asserts only the '011 patent, and nearly all are filed by the same plaintiff-side counsel (Rabicoff Law LLC appears in the E.D. Tex. and Colorado matters; Silverman, McDonald & Friedman appears in the Ooma Delaware matter). This is a classic license-first NPE pattern.
- Two waves. Wave 1 (March 2025) in E.D. Tex. against AT&T, Mitel and NEC — all three dismissed quickly. Wave 2 (Oct. 2025 – March 2026) concentrated in D. Del. against VoIP/UCaaS providers (Intermedia, Dialpad, Nextiva, Ooma, Talkdesk, Crexendo), plus Zoom in D. Colo. and Avaya in N.D. Tex.
- Almost nothing has been litigated on the merits. The dismissals are predominantly pre-answer voluntary dismissals under Rule 41(a)(1)(A)(i). That means no claim construction, no invalidity ruling, and no appellate law on the '011 patent exists. The patent remains fully enforceable against third parties; the only preclusive effects are defendant-specific (with prejudice = Ooma, Zoom, Talkdesk; without prejudice = NEC, with refiling rights preserved).
- Watch items: (a) the still-live matters — Avaya (3:25-cv-00640), Nextiva (1:25-cv-01393), Crexendo (1:26-cv-00234), Dialpad (1:25-cv-01392), plus the four unidentified dockets above; and (b) any Rule 41 refiling against NEC. Given the concentration of dismissals before answer, an early inter partes review or a § 101/§ 112 challenge by a well-funded defendant would be the most likely path to a merits ruling.
Two disclosure notes
- You specified a current date of April 26, 2026, while the research environment date is 2026-09-29. Docket statuses above reflect the sources as retrieved and may be stale for the still-open cases.
- I did not locate any Federal Circuit appeal or PTAB (IPR/PGR) proceeding specifically involving 9,179,011. If you need that confirmed, the PTAB Patent Trial & Appeal Case Tracking System (PTAB E2E) and the CAFC docket should be checked directly for the patent number and for the ReadyComm case names.
Generated 9/29/2026, 1:31:37 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: ReadyComm LLC
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured data's default against the live record before committing to a "no PTAB activity" answer.
Let me run additional targeted searches on petitioner-side activity and any PTAB docket for this patent.
Two final checks: the parent patent's PTAB history and any ex parte reexamination or Unified Patents challenge.
Proceedings overview
Total AIA trial proceedings on file for US 9,179,011: 0. The USPTO Open Data Portal (ODP) returns no IPR, PGR, or CBM proceedings for this patent as of the most recent ingest, and live web searching surfaces no petition, institution decision, Final Written Decision, or Federal Circuit appeal touching the '011 patent or its parent, US 9,049,275. The status breakdown is therefore 0 active / 0 invalidated / 0 sustained / 0 settled / 0 institution-denied — and the bottom line for a defendant is not "the patent has survived two IPRs and is hardened," but the much weaker and more interesting signal that the patent's validity has never been tested adversarially in any forum. All 29 claims remain presumptively valid, unamended, and unconstrue.
Individual proceedings
No proceeding entries can be rendered. There are no proceeding numbers to report, and I will not invent any.
I searched for and affirmatively did not find:
- Any IPR, PGR, or CBM petition naming US 9,179,011 or US 9,049,275 as the challenged patent.
- Any institution decision, Final Written Decision, or PTAB appeal number for either patent.
- Any Federal Circuit docket or CourtListener entry arising from a PTAB decision on this family.
- Any ex parte reexamination request or Central Reexamination Unit action on the '011 patent.
One caution worth flagging for the file: the Google Patents page for this patent displays several litigation links under a "Family has litigation" heading, and those entries are sourced from the "Unified Patents Litigation Data" feed. That is a data-attribution label on a district-court docket-link feed, not evidence that Unified Patents (or RPX) filed any post-grant challenge. The links themselves point to district court cases in D. Del., E.D. Tex., N.D. Tex., and D. Colo. — e.g., https://portal.unifiedpatents.com/litigation/Delaware%20District%20Court/case/1%3A25-cv-01394 — and nothing more. I mention it because the phrase "Unified Patents" appearing on a Google Patents page is a common false positive for defensive-aggregator activity.
What is on file (district court context, since it drives the PTAB analysis)
The absence of PTAB activity is not for lack of assertion. US 9,179,011 is the sole asserted patent in an active NPE campaign:
| Item | Detail |
|---|---|
| Patent | US 9,179,011 B1, "Telephone Communication System and Method of Using" |
| Inventor | Paul Newman |
| Appl. No. / Filing | 14/727,176, filed 2015-06-01 (CIP of 12/145,316, filed 2008-06-24) |
| Granted | 2015-11-03 |
| Recorded assignee | Readycomm LLC (assignment from Newman recorded 2025-10-10) |
| Anticipated expiration | 2028-06-24 |
| Independent claims | 1, 15, 18 (claims 1–29 total) |
Representative defendants and dockets surfaced in the record: ReadyComm LLC v. NEC Corp. (2:25-cv-00304, E.D. Tex., filed 2025-03-14, voluntarily dismissed without prejudice 2025-05-06); ReadyComm LLC v. Avaya LLC (3:25-cv-00640, N.D. Tex.); and a January 2026 Delaware cluster against OpenPhone, Mid-Communications/Vonage-adjacent entities, and others (1:26-cv-00097, -00098, -00099, plus 1:25-cv-01392, -01393 (Nextiva), -01394 (Ooma), and 1:25-cv-02606 (Zoom, D. Colo.)). Several of these closed by pre-answer Rule 41(a)(1)(A)(i) dismissal — with prejudice against Ooma and Vonage, without prejudice against NEC — meaning no court has construed a single claim term, and no defendant has obtained an invalidity judgment.
Strategic summary
Claim status. Every claim of US 9,179,011 — independent claims 1, 15, and 18 and all 26 dependents — is UNTESTED. Nothing is canceled, nothing has been narrowed by amendment, and nothing carries a PTAB or Federal Circuit thumbprint for or against validity. Contrast this with the parent, US 9,049,275, which shares the 2008-06-24 priority date and much of the same specification; it too shows no post-grant activity. Note also that the patent is subject to a terminal disclaimer tying its enforceable term to the parent, and its 2028-06-24 anticipated expiration is now only ~21 months out from today (2026-09-29) — which materially discounts the value of any IPR you might file, since the practical runway to recover the cost is short.
Estoppel landscape. Because no IPR was ever instituted, § 315(e)(2) estoppel is a non-issue. No petitioner, real party in interest, or privy is barred from raising anything in district court. Any defendant is free to raise the full universe of §§ 101, 102, 103, and 112 defenses, and to file a fresh IPR on § 102/§ 103 art without any estoppel shadow. The prior-art field is correspondingly wide open — no art has been "spent."
Procedural clock — the single most important point. This patent has a 2008 priority date and issued under pre-AIA law. That means:
- PGR is unavailable (only first-inventor-to-file patents qualify, and the nine-month window closed 2016-08-03 regardless).
- CBM is unavailable — the program sunset 2020-09-16, and a telephone call-routing patent would likely fail the "technological invention" test anyway.
- IPR is the only PTAB vehicle. Grounds are limited to §§ 102/103 on patents and printed publications, and the statutory one-year bar of § 315(b) runs from service of the infringement complaint.
That last clause is the trap. The NEC complaint was served in March 2025 and the earliest Delaware/Texas/Colorado complaints were served across March–November 2025. For those defendants, the § 315(b) bar dates have already passed or are passing now. If you were served in, say, March 2025, your IPR window closed in March 2026 — you may still be able to seek joinder under § 315(c) to another party's timely petition, but there is no petition to join. For anyone served recently (the January 2026 Delaware wave) the window is still open, running to roughly January 2027, and 2026-09-29 leaves a live, closing opportunity.
Pattern signals. Same patent owner (ReadyComm, a Rabicoff Law / Silverman McDonald-style plaintiff-side campaign) asserting one patent against a broad VoIP/UCaaS cohort; zero IPR petitions filed by any of them despite many having had the window open; rapid pre-answer dismissals in a handful of cases. The absence of any IPR in a 15-plus-defendant campaign is genuinely unusual — RPX data reported in Q1 2026 shows the share of litigated patents drawing IPR challenges rising to 29% in 2025 and 39% in Q1 2026. This patent is an outlier on the low side. Read that as either (a) quick nuisance-value settlements removing the incentive to file, or (b) a patent whose asserted claims are so narrow — the "one and only one active calling number" / "incapable of placing or receiving a call" limitations in claim 1 are quite specific — that defendants conclude non-infringement is the cheaper fight.
Recommended next steps
- If you have been served and your one-year § 315(b) window is still open (roughly, service on or after 2026-01-28), the decision deadline is real. A petition filed now against claim 1 would be built on independent claim 1's narrow requirements: a group of N telephones each switchable between activated and stand-by mode, a switch that forces exactly one active phone and N−1 standby, and the "incapable of placing or receiving a call" limitation. That last negative limitation is the classic § 112 written-description / enablement target, and the "N telephones … all having identical calling numbers" theme collides directly with the prior art the applicant himself distinguished — U.S. Pat. No. 7,274,782 to Forte and EP 1,146,764 A2 to Duerk, both cited on the face of the patent and discussed in the Background. Reusing the applicant's own admitted prior art in a § 103 combination is the highest-percentage starting point.
- If your window has closed, your invalidity case is confined to district court (clear-and-convincing, no PTAB), or to an ex parte reexamination request under 35 U.S.C. §§ 301–307, which any person may file at any time, is not subject to the § 315(b) bar, and never triggers petitioner estoppel. Given the 2028-06-24 expiration, weigh whether reexam's slower Central Reexamination Unit timeline is worth it.
- Do not represent to a client that this patent has been invalidated or narrowed. It has not. No claim has been canceled, and there is no FWD to quote. Any demand-letter response premised on "claims 1–5 are dead" would be wrong on the current public record.
- Verify before you rely. Because the patent only began drawing assertions in 2025 and the ODP ingest can lag, re-run the PTAB search at the primary sources before filing anything: USPTO PTAB E2E / the Patent Trial and Appeal Board Decisions page (
https://developer.uspto.gov/ptab-api/) and CourtListener (https://www.courtlistener.com/?q=%229179011%22) for any § 141/§ 319 appeal. I did not find proceedings there, but a newly docketed petition could post without my search index catching it.
Bottom line: no PTAB activity on file for US 9,179,011 — zero proceedings, zero estoppel, zero claim-level precedent. The patent is completely unhardened and fully intact at the same time; how you exploit that depends entirely on whether your § 315(b) clock is still running.
Generated 9/29/2026, 1:31:45 PM
Ownership chain (1)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2025-10-10 · Assignment
transfer-to-asserter
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment chain. Let me run targeted searches.
Let me try to retrieve the specific reel/frame and correspondent data.
I've hit my research-step limit, so here is the reconstruction based on the sources I retrieved. Where a field could not be verified, I say so explicitly rather than filling it in.
Assignment Record Reconstruction — US 9,179,011 B1
Primary-source caveat up front. I was not able to retrieve the raw USPTO Assignment Center record (reel/frame, correspondent of record, execution vs. recording dates) for this patent — neither the Google Patents legal-events feed supplied as the authoritative text nor the web results I could reach expose reel/frame or correspondent fields for the Newman → ReadyComm transfer. What I can state with confidence is drawn from (a) the patent's own legal-events feed and (b) litigation filings that recite the assignee status. I flag each inference accordingly. Verify at https://assignment.uspto.gov/patent/index.html (search patent number 9179011) or https://assignmentcenter.uspto.gov/ — both surface the same underlying reel/frame records.
Inventors
| Inventor | Employer at time of filing | Evidence |
|---|---|---|
| Paul Newman (sole named inventor) | Not determinable — appears to be an individual/unaffiliated inventor. Google Patents lists "Original Assignee: Individual," not a corporation. | Patent front page as fetched; https://patents.google.com/patent/US9179011/en |
Pattern note (unusual, inverse of the common fire-sale tell): There was no corporate employee-assignment. The '011 patent issued to Newman personally, and the family's priority application (Ser. No. 12/145,316, filed 2008-06-24, issued as US 9,049,275 B1) was likewise Newman's. So the "all inventors departed the original assignee within 12 months" fire-sale trigger does not apply — there was never a corporate assignee to depart from. The relevant tenure fact is the opposite: Newman held the patent personally for ~10 years post-issuance (2015-11-03 → 2025) before transferring it to an asserting entity.
Prosecution detail worth carrying forward: an Ex Parte litigation analysis of the '011 patent notes it "is a continuation-in-part … and is subject to a terminal disclaimer, which may limit its enforceable term to that of the parent patent" and "suggests an obviousness-type double patenting rejection was overcome during prosecution" (https://ai-lab.exparte.com/case/dct/txed/2:25-cv-00304/doc/analysis/1). This is a term-limitation fact, not an assignment fact, but it affects valuation.
Original assignee
The entity named on the issued patent: "Individual" — i.e., inventor Paul Newman personally, not a company.
- Products embodying the claims: No evidence of any. I found no product, service, or commercial embodiment associated with Newman or with the '011 patent. The specification reads as a conceptual/architectural disclosure (group of N phones, one active / N−1 standby, on-the-fly handoff at the carrier's mobile switching device).
- Primary line of business: Not determinable from the sources reached. There is no corporate entity to characterize.
- Current status: Unknown as to Newman. The current owner is ReadyComm LLC, a New Mexico LLC, principal place of business 1209 Mountain Rd Pl NE STE N, Albuquerque, NM 87110 (per the ReadyComm complaints, e.g. N.D. Tex. 3:25-cv-00640 ¶2 and E.D. Tex. 2:25-cv-00304 ¶2).
Cross-reference note: I did not retrieve the assignment record for the parent patent US 9,049,275 (Ser. No. 12/145,316), so I cannot say whether it moved to ReadyComm in the same transaction. Given the campaign is single-patent ('011 only, per the Stanford NPE entry and every complaint reviewed), the '275 may still be Newman's or may be separately held. Flagged as a data gap.
Assignment timeline
One post-issuance assignment is recorded for this patent (as reflected in the Google Patents legal-events feed supplied as authoritative):
- Executed: not determinable from my sources / recorded 2025-10-10 — Reel NNNNNN/NNNN — not retrievable from the sources I could reach
- Conveyance: Assignment of assignors' interest ("ASSIGNMENT OF ASSIGNORS' INTEREST (SEE DOCUMENT FOR DETAILS)")
- Assignor: Newman, Paul
- Assignee: READYCOMM LLC
- Correspondent: Not retrievable. (I could not surface the attorney/firm of record on this recording. This is precisely the field the Assignment Center exposes and the one I was unable to pull — flagged, not inferred.)
- Context: Transfer-to-asserter. Personal inventor holding → single asserting LLC, contemporaneous with (indeed recorded after) the launch of an infringement campaign.
Related, non-assignment legal events on the same feed (for completeness, not assignments):
- 2008-06-24 — Priority claimed from US 12/145,316 (domestic §120 priority), not an assignment.
- 2015-06-01 — Application 14/727,176 filed by "Individual" (the CIP filing).
- 2015-11-03 — Patent granted / published.
- 2028-06-24 — Anticipated expiration (20 years from the 2008 priority date — consistent with the terminal disclaimer noted above).
Chronology anomaly I want to surface rather than paper over. The recording date (2025-10-10) postdates the first infringement suits (ReadyComm v. AT&T, Mitel, and NEC, all filed 2025-03-14, and v. Avaya filed 2025-03-17). Yet all of those complaints affirmatively plead that "Plaintiff is the assignee of all right, title and interest in United States Patent No. 9,179,011." Two readings are possible: (i) the assignment was executed before March 2025 but recorded on 2025-10-10 (a ~7-month recordation lag), or (ii) the recorded date is the execution date and the March complaints were filed on a then-incomplete chain (which would be a standing defect). I cannot resolve which from the sources I reached, and I am not going to guess. If you need this pinned down, order the Assignment Center abstract and the reel/frame images, and compare the execution date on the face of the assignment against the 2025-03-14/17 filing dates. This is a potentially case-dispositive detail for the pending matters.
Timeline diagram
timeline
title Ownership of US 9179011
2008 : Priority application filed by Paul Newman
2015 : CIP application filed as 14 727 176
: Patent issues to Paul Newman as individual
2025 : First ReadyComm suits filed in March
: Assignment to ReadyComm recorded in October
: Delaware and Colorado suits filed
2026 : Second wave of suits filed in January to March
(Event text kept free of parentheses, slashes, and commas per the parseability constraint. The application number is rendered with spaces rather than a slash for the same reason.)
NPE / troll-pattern signals
| # | Signal | Call | Basis |
|---|---|---|---|
| 1 | Shell-entity transfer | Present (partial) | Patent moved from a personal inventor holding to ReadyComm LLC, a New Mexico single-purpose LLC whose only identified activity is patent assertion. The "from an operating assignee" element is absent (there was no operating assignee). No products in commerce were found. Caveat: I did not verify that 1209 Mountain Rd Pl NE STE N is a registered-agent/virtual-office address — the complaints plead it as ReadyComm's principal place of business, and I decline to call it a registered-agent service without evidence. |
| 2 | Known asserter in the chain | Present (by database categorization, not by named-list match) | ReadyComm LLC does not appear on the enumerated lists (Acacia, Marathon, Intellectual Ventures, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities). However, the Stanford NPE Litigation Database classifies it under the asserter category "Acquired patents" for patent 9179011 (https://npe.law.stanford.edu/patent/9179011), and RPX's "Q1 in Review" (April 14, 2026) names ReadyComm among entities that "fired off a new round of [complaints] over telephone [patents]" (https://www.rpxcorp.com/wp-content/uploads/sites/3/2026/04/RPX-Q1-in-Review-April-14-2026.pdf). Two independent monitors — that satisfies the instruction's "any entity surfaced by Unified Patents or RPX as a high-frequency plaintiff" prong. PatSnap also labels ReadyComm "a patent assertion entity (PAE)" (Vonage case summary). |
| 3 | Repeat correspondent across the chain | Unclear — insufficient data | There is only one recorded assignment link, so recurrence within the chain cannot be assessed, and I could not retrieve the recording correspondent at all. Distinct from this: litigation counsel Isaac Phillip Rabicoff / Rabicoff Law LLC recurs across the campaign (E.D. Tex. and D. Colo. matters; see https://ai-lab.exparte.com/case/dct/txed/2:25-cv-00304/doc/analysis/1), and Silverman, McDonald & Friedman appeared in the Ooma Delaware matter. That is litigation counsel recurrence — a real campaign-consistency tell — but it is not the same as correspondent-of-record recurrence on the assignment filings, and I am not conflating the two. |
| 4 | Cascading transfers | Not present | A single transfer (Newman → ReadyComm). No chained LLC-to-LLC sequence in <24 months. |
| 5 | Pre-litigation transfer | Present | The transfer is documented as recorded 2025-10-10, and the first suits followed in March 2025 — i.e., the ownership chain was arranged in anticipation of assertion. Important nuance/contradiction: because the March 2025 complaints already plead assignee status, the execution date is almost certainly earlier than the recorded date. On either reading the transfer sits inside the litigation-preparation window; the recordation lag is the anomaly to resolve (see the discrepancy noted above). |
| 6 | Bankruptcy fire-sale | Not present | No Chapter 7/11, no estate sale. The assignor is an individual inventor, not a distressed operating company. |
| 7 | Privateering | Not present | No operating company transferring to an NPE to assert against competitors. There is no operating-company sponsor in the chain on the evidence I have. |
| 8 | Defensive aggregator | Not present | Chain terminates at an asserting entity. No RPX / AST / LOT / Unified / OIN acquisition. |
Verdict
NPE — high confidence
Justification. (1) The patent moved from a personal inventor holding ("Original Assignee: Individual") to ReadyComm LLC, a New Mexico single-purpose LLC with no identified commercial products, whose sole documented activity is suing VoIP/UCaaS vendors on this one patent — reel/frame not retrievable in my sources; recording dated 2025-10-10. (2) Pre-litigation transfer is present: the transfer is tied to a campaign launched in March 2025 and expanded through March 2026, with recordation following in October 2025 — the chain was arranged for assertion. (3) Two independent public monitors classify the owner as an acquirer/asserter: the Stanford NPE Litigation Database tags ReadyComm "Acquired patents," and RPX's Q1 2026 review lists it among high-volume filers. Three signals present (one strong, two corroborating) clears the "2+ strong signals" bar, boosted further by the near-total absence of merits litigation (predominantly Rule 41(a)(1)(A)(i) pre-answer voluntary dismissals, per the campaign record).
Two things would change or sharpen this verdict, and I want them flagged rather than buried:
- The correspondent of record on the 2025-10-10 recording is unretrieved. If the same attorney/firm appears on both the Newman → ReadyComm recording and on recordings for other ReadyComm-family patents (or other NPE LLCs), that converts signal #3 from "unclear" to present and would be the strongest single tell in the file. Pull it directly.
- The execution-date vs. recording-date discrepancy relative to the March 2025 complaints is unresolved and may bear on standing in the pending matters.
Verification links:
- USPTO Assignment Search (patent number 9179011): https://assignment.uspto.gov/patent/index.html
- USPTO Assignment Center: https://assignmentcenter.uspto.gov/
- Google Patents legal events (authoritative text supplied): https://patents.google.com/patent/US9179011/en
- Stanford NPE Litigation Database: https://npe.law.stanford.edu/patent/9179011
- RPX Q1 2026 in Review (names ReadyComm): https://www.rpxcorp.com/wp-content/uploads/sites/3/2026/04/RPX-Q1-in-Review-April-14-2026.pdf
- ReadyComm complaint reciting assignee status and NM address (N.D. Tex. 3:25-cv-00640): https://storage.courtlistener.com/recap/gov.uscourts.txnd.[401445](/patent/401445)/gov.uscourts.txnd.401445.1.0.pdf
Explicit non-findings: I did not locate the reel/frame number, the assignment's execution date, the correspondent of record, or any second/hypothecation record. I also did not retrieve the '275 parent's assignment history. None of these are asserted here.
Generated 9/29/2026, 1:32:11 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research the prior-art citations for US 9,179,011. Let me start with the patent's own citation records.
Let me look for the actual "References Cited" lists for the '011 patent and its parent '275 patent.
I hit the search-step limit before I could pull the full front-page "References Cited" list. Here's what I can state with confidence, what I could not verify, and my best § 102 analysis — with the unverified items flagged rather than filled in.
Prior Art for US 9,179,011 B1 — Cited References and § 102 Analysis
0. Scope, and a material limitation on this answer
What I could and could not retrieve. My searches surfaced the patent's specification text (which expressly discusses two prior-art items) and corroborating records for one of them, but I was unable to retrieve the patent's front-page "(56) References Cited" list — the examiner/applicant citation block on the Google Patents or FreePatentsOnline record. I hit the tool step-limit before capturing it.
That matters because your question ("look at each patent citation for 9179011") presupposes that list. I am not going to reconstruct it from memory or inference. Below I address (a) the references I can affirmatively confirm as cited by the '011 patent, and (b) an explicit list of what remains unretrieved. Treat any citation not appearing in Section 1 as not verified in this session, not as absent.
1. References affirmatively confirmed as cited by US 9,179,011
The '011 patent's Background of the Invention expressly identifies two prior-art references by number. These are the two "patent citations for 9179011" I can confirm from the authoritative text:
| # | Reference | Type | Directed to |
|---|---|---|---|
| A | U.S. Pat. No. 7,274,782 to Forte | US patent | System for establishing communication with a plurality of telephone devices via a central telephone number |
| B | EP 1,146,764 A2 to Duerk (Lucent Technologies Inc.) | European application | Multiple wireless units sharing the same telephone number |
Both are cited in the '011 specification itself (Background), which in a continuation-in-part is the typical source of the carried-over "References Cited" entries. The '011 patent's parent — US 9,049,275 B1 (from Ser. No. 12/145,316, filed 2008-06-24) — has a Google Patents record that lists EP 1,146,764 A2 among its cited references, corroborating reference B's status as family prior art.
Reference A — U.S. Pat. No. 7,274,782 to Forte
Full citation: U.S. Patent No. 7,274,782 (Forte), "System for establishing communication with a plurality of telephone devices" (title as characterized in the '011 specification).
Issue date: 2007-09-25 (Sept. 25, 2007). ⚠️ Stated from general knowledge; I did not verify the issue or filing date against a database record in this session.
Filing/priority date: Not verified this session.
Brief description (as characterized by the '011 patent itself): "Forte provides a system for establishing communication with a plurality of telephone devices, having multiple telephone numbers, after a caller has called a central telephone number. This system is advantageous over call forwarding because it allows for users to pick up the incoming call at any telephone that has a calling number associated with the central calling number… [and] allows for outgoing calls to be made from one of the telephone devices that have a calling number associated with the central number in order to decrease long distance costs…"
§ 102 analysis — which claims it potentially anticipates:
- Claim 1 — not a clean anticipation, in my preliminary view. Claim 1 requires a switch that activates one phone "such that all remaining N−1 telephones are on standby mode prior to making an outgoing call or taking an incoming call." Per the '011 patent's own description of Forte, Forte's architecture contemplates multiple telephone devices reachable/answerable off a central number and does not describe a single-active/N−1-standby discipline in which standby devices are incapable of placing or receiving a call. Forte is better characterized as § 103 (obviousness) art than as § 102 anticipation of claim 1.
- Claims 15 / 18 — not anticipated on the present record. Neither the group-by-common-attribute requirement (claim 15) nor the PIN-operated switch (claim 18) is described in the '011 patent's characterization of Forte.
- Claim 22 — closest § 102 read. Claim 22 (unique calling number + a shared calling number, where a call to the shared number is received by only one phone previously placed in active mode) maps most closely to Forte's "central telephone number → associated device" model. Even there, claim 22 depends on claim 18's PIN switch, so a Forte-based anticipation of claim 22 would require Forte to disclose the PIN limitation too.
Net: Forte is the reference the inventor had to distinguish for claims 1 and 22, but on its face it appears to be an obviousness reference, not an anticipating one.
Reference B — EP 1,146,764 A2 to Duerk (Lucent Technologies Inc.)
Full citation: European Patent Application EP 1,146,764 A2 (Duerk et al.), "Multiple wireless units with same telephone number," applicant Lucent Technologies Inc.
Publication (A2): 2001-10-17
Search report (A3): 2002-02-13
Priority date: 2000-04-13 (US Ser. No. 09/548,455). (These dates are confirmed by the EPO Global Patent Index and Google Patents records retrieved this session.)
Status: Withdrawn.
Brief description (from the abstract): One telephone number is assigned to more than one wireless unit, each having a different Electronic Serial Number (ESN). The Mobile Switching Center (MSC) tracks unit locations in a location-registration database. On an incoming call to the shared number, the MSC forwards the call to all units assigned to the shared number; when one answers, the MSC connects the call and signals the remaining units that another unit is conducting an active call — and those other units may join the call-in-progress. On an outgoing call, the MSC connects the caller and signals the remaining units, which may likewise join.
§ 102 analysis — which claims it potentially anticipates:
- Claim 1 — no anticipation, in my preliminary view. Duerk's system affirmatively lets multiple units participate in / join a call, and rings all units for the same incoming call. That is the opposite of claim 1's requirement that the non-active telephones be on standby and "incapable of placing or receiving a call unless switched to active mode," with only one active phone. If anything, Duerk's multi-join behavior is closer to the '011 patent's own characterization of the prior art it distinguishes.
- Claim 7 — the most plausible § 102 target, but only in combination with claim 1. Claim 7's "common attribute includes an identical calling number" is squarely what Duerk discloses (one number, multiple units, distinct ESNs). However, claim 7 depends from claim 1, so it cannot be anticipated unless Duerk also discloses every limitation of claim 1 — which, per the above, it does not on the present record.
- Claims 15 / 18 / 22 — not anticipated on the present record.
Net: Duerk is best understood as the reference the inventor had to distinguish for the "identical calling number across multiple devices" concept (claim 7's subject matter), and as strong § 103 art for the "same number / separate ESNs / separate billing" aspects.
2. Legal framework note (§ 102 posture)
The '011 patent's § 102 analysis should be run with care given its prosecution history:
- The '011 application (14/727,176) was filed 2015-06-01 as a continuation-in-part of Ser. No. 12/145,316 (filed 2008-06-24, issued as US 9,049,275 B1). Because the application was filed after the AIA's 2013-03-16 changeover but claims priority to a pre-AIA application, it is a "transition application": whether pre-AIA § 102/103 or AIA § 102/103 governs depends on whether each claim has an effective filing date before 2013-03-16.
- That distinction has teeth here: the common-attribute / paired-association subject matter (FIGS. 3–6, the basis for independent claim 15) appears to be CIP-added matter, which may be entitled only to the 2015-06-01 date — while the FIG. 1–2 "identical calling number" subject matter traces to 2008-06-24.
- Both confirmed references predate 2008 by years (Forte 2007; Duerk 2001), so they qualify as prior art under either regime. The date question matters for other art (2008–2015 intervening references), not for these two.
3. What remains unverified — flag this before relying on the answer
I explicitly did not obtain, and am not representing:
- The complete (56) "References Cited" list on the '011 patent's face — the full set of U.S. patent documents, foreign patent documents, and non-patent literature cited by the examiner and/or applicant.
- Verification of Reference A's exact issue and filing dates (U.S. 7,274,782) against a primary database record.
- Whether the '011 patent's Prosecution History (file wrapper) contains examiner-cited art and rejection grounds — which is the single richest source of § 102/§ 103 prior art for this patent and is not visible from the granted patent's front page.
- Any § 102(e)/§ 102(a)(2) art — i.e., U.S. applications/patents that were pending or published but not listed as cited references.
Recommended next steps to complete this analysis:
- Pull the front-page (56) list directly from USPTO PatentCenter / Google Patents "References Cited" for US 9,179,011 B1 and its parent US 9,049,275 B1.
- Pull the full file wrapper (PatentCenter "Documents & Transactions") for application 14/727,176 to capture examiner citations and the rejections they supported — critical because a CIP's newly added claims (claim 15's group-by-attribute scope) would have been examined against intervening art that the granted text doesn't reveal.
- Because the patent is in active litigation (ReadyComm LLC campaign, multiple 2025–2026 district-court cases) and no IPR/PGR or CAFC appeal has been identified, note that no prior art has yet been tested on the merits for this patent.
Bottom line
Based solely on the citations I could confirm from the patent's own text, the '011 patent's two identified prior-art references are U.S. Pat. No. 7,274,782 (Forte) and EP 1,146,764 A2 (Duerk). On preliminary analysis, neither appears to be a clean § 102 anticipation of any issued claim — Duerk is closest to claim 7's "identical calling number" concept, and Forte is closest to claim 22's "central/shared number" concept, but both fall short of the full limitations of the claims they depend from (particularly the single-active/N−1-standby and PIN-switch requirements). Both are more naturally § 103 references. I could not retrieve the patent's full "References Cited" list, so this should be treated as a partial answer pending a direct pull of the patent's front page and file wrapper.
Generated 9/29/2026, 1:32:14 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll research the prior art landscape for this patent before building the § 103 analysis.
Obviousness Analysis — U.S. Patent No. 9,179,011 B1 under 35 U.S.C. § 103
Analyst's note on scope. You asked me to use "the results from the Prior Art section of this page." As fetched, the page's Prior Art data consists of: prior‑art keywords ("telephone, call, phone, mode, telephones") and a prior‑art date of 2008‑06‑24. The page as retrieved does not contain a rendered "Patent Citations / References Cited" table, so the only affirmative prior‑art references available in my source are the ones recited in the patent's own Background section — U.S. Pat. No. 7,274,782 (Forte) and EP 1,146,764 A2 (Duerk) — plus the admitted prior art (call forwarding, and large‑business internal landline/mobile systems). I have supplemented those with the Forte/Ascendent family members that surfaced in the live search (US 8,170,187; US 8,447,352) and with well‑known telephony practice. Where I am relying on a category of art rather than a verified document number, I say so explicitly. I have not fabricated reference numbers.
This analysis builds on the earlier sections (bibliography, claim breakdown, litigation, PTAB status) rather than repeating them.
1. Threshold issue that governs everything: the CIP priority problem
Before touching Graham factors, fix the critical date — because this patent is a continuation‑in‑part, and the answer is not the same for every claim.
- Application 14/727,176 was filed 2015‑06‑01 as a CIP of 12/145,316 (filed 2008‑06‑24, issued as US 9,049,275).
- Under § 120, a claim gets the parent's 2008 date only if the parent provides § 112 written‑description and enablement support for that claim. The CIP's new matter is exactly the material that appears only in the '011 specification: FIGS. 3–6, the "group linked by a common attribute other than an identical calling number" (col. describing FIG. 3–4), the shared/common (N+1) number (FIG. 5), the paired associations sharing a common number (FIG. 6), and the auto‑attendant prompt.
- Mapping that to the claims: claims 1–14 (the FIG. 1/2 "N telephones / one active / on‑the‑fly redirect" subject matter) plausibly ride the 2008 date. Claims 15–17, 22–29 recite the CIP‑only subject matter (common attribute other than a shared number; unique number + shared calling number; multiple groups sharing a common number). Those claims most likely have an effective filing date of 2015‑06‑01.
- Consequence for § 103: for claims 15–17 and 22–29, the prior‑art window opens up to everything published or in public use between 2008‑06‑24 and 2015‑06‑01 — one‑number/"find‑me" services, smartphone call‑routing apps, Google Voice (2009), hosted‑PBX "twinning," and the applicant's own earlier publications. That is a materially wider art field than the earlier sections assumed.
- Term is unaffected: because benefit was claimed under § 120, the 20‑year term still runs from 2008‑06‑24 for all claims. Google's listed 2028‑06‑24 anticipated expiration is therefore correct as a term matter even for the 2015‑effective‑date claims. (The classic CIP trap: early date for term, late date for prior art.)
Flagged contradiction. The earlier "PTAB challenges" and "Strategic summary" sections characterize this patent as "issued under pre‑AIA law," and reason from that premise ("PGR is unavailable because only first‑inventor‑to‑file patents qualify"). If any claim of 14/727,176 ever had an effective filing date on or after 2013‑03‑16 — which claims 15–17 and 22–29 almost certainly do — the application is an AIA application under § 3(n)(1) for all purposes, and the "pre‑AIA" characterization is wrong. The conclusion (no PGR available now) still holds, but only because the nine‑month window closed 2016‑08‑03 as a matter of timing, not because the patent is pre‑AIA. I also could not verify the earlier section's assertion that "the patent is subject to a terminal disclaimer tying its enforceable term to the parent" — that language does not appear anywhere in the authoritative patent text I have. Treat it as unverified.
2. The prior art on the face of the patent and what it actually teaches
2.1 U.S. Pat. No. 7,274,782 (Forte / Ascendent Telecommunications)
The applicant cited Forte as the primary reference and spent two paragraphs of the Background explaining it. What Forte discloses, per the live record:
| Forte disclosure | Claim element it maps to |
|---|---|
| A wireless connect (WC) unit between a PBX and the PSTN that "can selectively establish communications with one of a plurality of telephony devices associated with a particular telephone extension or DID telephone number" | "a group of N telephones" (claim 1); "at least two telephones associated as a group" (claim 15) |
| Each device retains its own DID number — "the wireless telephone 70 may receive calls placed to its (non‑office) DID telephone number even though the system 10 routes PBX calls to the telephone 70" | claim 22's unique numbers + shared number; claim 15's "common attribute other than having an identical calling number" |
| Routing decisions driven by user preferences stored in the WC database ("routing information and preferences associated with user of WC/PBX ext") | claim 5 ("switch is associated with a user matrix within a computer database") |
| Outbound calls from a remote device are completed as the PBX extension, i.e., the caller ID presented to the called party is the group/extension identity | claim 1's "outgoing calls"; claim 22 |
| "[T]he system can route the call to an office telephone and one or more of the remote devices simultaneously or as desired by the user" | expressly teaches the ring‑all alternative — useful as the starting point that the '011 allegedly improves on |
| Remote wireless devices are specialized: they "cannot be used as conventional standard wireless telephones until they leave the premises" | a device‑state/capability‑restriction teaching, i.e., the germ of an active/standby dichotomy |
| "Seamless switching services to and from circuit and packet communication devices" (from the US 8,170,187 continuation of the same family) | directly relevant to claim 1's "switched to active mode during a telephone call" |
The same family adds US 8,447,352 ("Method and apparatus for communicating via virtual office telephone extensions"), which discloses user preference/access‑right databases and DTMF‑driven control of the WC — i.e., a touch‑tone‑code‑controlled switch at the phone, which is precisely the "PIN entered at the standby phone" mechanism the '011 claims as its switching trigger.
2.2 EP 1,146,764 A2 (Duerk / Lucent)
Duerk discloses: one telephone number assigned to more than one wireless unit, each with a distinct ESN; an MSC that maintains a location‑registration database; on an incoming call the MSC forwards the call to all the wireless units assigned to the shared number; when one answers, the MSC connects that unit; and "the MSC transmits a signal to the remaining wireless units … indicating that another wireless unit is conducting an active call." On an outgoing call from one unit, the same notification goes to the others.
That is a shared‑number, multi‑device group with a de facto single‑live‑unit state and a signalling channel to the non‑selected units. It is not "standby" in the strict sense (an idle Duerk unit can still originate), which is the gap that must be closed by the secondary art.
2.3 Admitted prior art (the strongest weapon, because the applicant supplied it)
The Background admits:
- Call forwarding of both types, including "if the user knows they will not be at or be able to pick up a specific phone" — a user‑initiated, PIN‑like configuration of which phone will be live.
- Large businesses "hav[ing] internal systems that involve using a landline device and a mobile device in conjunction with one another while having one and only one calling number for the two devices."
Read that last admission carefully. The applicant concedes that pre‑2008, large enterprises already ran a landline + mobile pair under one and only one calling number. That admission collides head‑on with claim 1's novelty story and with claims 6–7 (common attribute = identical calling number).
3. Level of ordinary skill in the art (PHOSITA)
Given a 2008 critical date (and a 2015 date for claims 15–17/22–29): a bachelor's degree in electrical engineering, computer science, or equivalent, plus two to three years of experience in telephony/PBX/cellular service provisioning, or a lesser degree with more experience. This is a low‑skill, mature, standards‑driven art — a fact that matters under KSR, because "a court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions."
4. Independent Claim 1 — chart and combination
Claim 1 (paraphrased into elements):
- (A) group of N ≥ 2 telephones, each placeable in activated mode or stand‑by mode;
- (B) in stand‑by mode a telephone is incapable of placing or receiving a call unless switched to active mode;
- (C) each telephone associated with a switch;
- (D) the switch activates one telephone such that all remaining N−1 are on standby prior to making an outgoing call or taking an incoming call;
- (E) at least one standby telephone can be switched to active during a telephone call.
| Element | Primary art | Secondary art / known technique |
|---|---|---|
| (A) group of N telephones | Forte — plural devices associated with one extension/number; Duerk — several wireless units sharing one number | — |
| (B) standby = cannot place or receive | — (gap: Duerk's idle units can originate; Forte's remote units can originate) | Terminal‑disabled states: ACD agent "logged out / not ready" state; PBX extension‑mobility logoff (phone is unusable until the user logs in); call‑barring supplementary service (outgoing and incoming barring are standard GSM/3GPP features); cordless handset "handset lock"; prepaid/suspended service state; "airplane mode"/radio‑off as a user‑selectable mode. Category art — I have not verified a specific document number for the barring‑state teaching in this session. |
| (C) a switch per telephone | Forte/US 8,447,352 — DTMF commands to the WC; user preference database | Any PBX feature code; keypad DTMF |
| (D) single active device, N−1 standby, elected before the call | Duerk — MSC arbitration + notification signal to the non‑selected units; Forte — non‑answered routing ("as desired by the user") | Sequential/hunt‑group routing (one designated first‑choice station); "find‑me/follow‑me" services with a priority list; extension mobility login (the logged‑in phone is the live one) |
| (E) switchable to active during a call | Forte family — "seamless switching" between circuit and packet devices | PBX call transfer (announced/unannounced); call park & retrieve; GSM/3GPP Explicit Call Transfer supplementary service (TS 22.091) with Call Hold (TS 22.083); fixed‑mobile‑convergence/Wi‑Fi↔cellular handoff as commercialized by 2005–2008. Verify exact TS numbers before filing. |
Combination A (primary § 103 theory for claim 1)
Forte + Duerk + a terminal‑state/barring reference + conventional call‑transfer art.
Why a PHOSITA would combine them — express rationales:
- Same field, same problem, same solution space. Forte and Duerk both address the identical problem the '011's Background recites (reaching a person who has several devices, without proliferating numbers). KSR makes combination of references addressing the same problem, in the same field, highly likely to be obvious. The applicant's own Background frames them as the two named competitors to his invention — an admission of common subject matter.
- The claim's central feature is a known arbitration rule substituted for another known arbitration rule. Duerk arbitrates by first‑to‑answer wins and notifies the rest. Forte arbitrates by user preference. The '011 replaces both with pre‑elected single active. Under KSR, "the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results," and "if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious."
- The patentee's own stated reason supplies the motivation. The '011 criticizes known number‑reducing systems because they "do not provide for privacy on the line." A PHOSITA confronted with Duerk's ring‑all/join‑the‑call behavior — where any of the other units can barge into a live call — has an explicit design incentive to disable the non‑selected units. Disabling an unselected terminal is the most predictable, one‑step fix available, and terminal‑disabling mechanisms (agent logout, call barring, handset lock) were stock in the art. That is KSR "predictable variation," not invention.
- Element (D)'s "prior to" timing is a routine implementation choice. Whether the single‑active election is made at provisioning, at login, or at the moment of the call is an arbitrary timing distinction with no asserted technical consequence.
- Element (E) is a known technique applied to a known system for a known purpose. Transferring an in‑progress call from one terminal to another is the definition of PBX call transfer and of 3GPP Explicit Call Transfer. Applying it to a multi‑device group exists to serve the very purpose of the group (mobility) — strong KSR motivation from "the nature of the problem to be solved."
- "Obvious to try." Facing the reachability problem, a PHOSITA has a finite number of identified, predictable solutions: (i) ring all (Duerk), (ii) ring sequentially (hunt group), (iii) ring one pre‑designated device (the '011). Option (iii) is a recognized, predictable alternative in the same art, not a leap.
Anticipation note (not asked, but relevant): Duerk alone arguably discloses (A), (C) in substance, and the effect of (D) for a given inbound call; Forte alone discloses the group, the routing database, and network‑side outbound identity. It is element (B) — the negative "incapable of placing or receiving" limitation — that no single reference on the face of the patent discloses. That negative limitation is the entire novelty story of claim 1, and it is also its biggest § 112 exposure.
5. Independent Claim 15 — chart and combination
Claim 15 drops the switch element, drops the "during a call" element, and requires only: a group tied by a common attribute other than an identical calling number; active/standby per phone; standby phone cannot place or receive; the active phone is the only phone of the group that can place or receive; only one active at a time.
| Element | Art |
|---|---|
| Group tied by a common attribute other than a shared number | Forte — plural devices bound to a single user's PBX extension/profile, where each device keeps its own non‑office DID number. The common attribute is the user/account/profile, not the calling number. Forte therefore lands squarely inside claim 15's negative limitation. |
| Active/standby per phone; standby cannot place/receive | Same terminal‑state/barring category art as Combination A. |
| Active phone is the only group phone that can place/receive | Forte — the WC routes all inbound PBX calls to the selected device and completes outbound calls through the WC on the user's behalf; combined with barring/logout on the others. |
Combination B: Forte (+ US 8,447,352) + terminal‑state/barring art
Motivation: Forte itself is a single‑user, multi‑device, non‑identical‑number system whose whole point is to make the user's own phone the "live" office phone. Restricting the non‑selected devices from transacting independently is the natural completion of Forte's own design intent, and the specification of the '011 concedes the common attributes are open‑ended (common billing account, common serial number/digital code, common geography, common carrier, common private key, "based on a lottery," "based on color or style," "based on a range of percent battery life remaining"). A claim that reads on grouping by any arbitrary shared characteristic is broad, and broad claims are correspondingly easy to meet with the art. The open‑ended list also invites a § 112 written‑description/enablement attack, which is a separate ground but reinforces the weakness.
Note on scope: Because claim 15 dispenses with the "switch" element entirely, a defendant's § 103 case here does not even need the PIN/switch art — only a group + a disabled-state mechanism.
6. Independent Claim 18 — chart and combination (weakest claim in the patent)
Claim 18 requires only: at least two telephones, each placeable in active or standby mode; and "a switch operable with a personal identification number associated with at least one of said at least two telephones to switch said at least one of said two telephones between a standby mode and an active mode prior to making an outgoing call or taking an incoming call."
| Element | Art |
|---|---|
| Two telephones each with an active/standby mode | Forte, Duerk, or the applicant's own admitted prior art ("internal systems that involve using a landline device and a mobile device in conjunction with one another while having one and only one calling number for the two devices") |
| A switch operable with a PIN | Forte/US 8,447,352 (DTMF codes to the WC); plus the ubiquitous PIN‑gated telephony features: voicemail PIN; calling‑card/account codes; PBX forced authorization codes; ACD agent login ID + PIN; IP‑PBX extension‑mobility login (user ID/PIN), where the phone is functionally inert until the user logs in; cordless handset PIN lock |
| Mode change prior to the call | Extension mobility/agent login are, by definition, pre‑call state changes |
Combination C: any multi‑device telephony group + PIN‑gated terminal/mode control
Motivation — this one is nearly self‑proving:
- The problem is stated by the applicant himself: "A PIN may be used for privacy protection so as to prevent a hijack attempt, i.e., unauthorized switching of a standby telephone to an active telephone." Having articulated that the risk is unauthorized switching and that the answer is a PIN, the applicant has admitted both the problem and the solution. Under § 103, "the motivation … may be found in the prior art, the nature of the problem, or the knowledge of a person of ordinary skill."
- PIN‑gating of telephone features is not merely known — it is the default. ACD agent login, extension mobility, and voicemail all used PINs by 2008. Combining a known authentication primitive (PIN) with a known state machine (active/standby) is the paradigm KSR predictable combination.
- Claim 18 does not even require the two telephones to be related to one another — no group, no common attribute, no shared number. It reads on two unrelated phones that each have a PIN‑switched mode. That breadth makes it very difficult to defend on § 103.
Strength assessment: claim 18 is the single most vulnerable claim in the patent and the best candidate for a claim‑by‑claim early disposition. It is also the most exposed to a § 101 eligibility challenge (a PIN‑controlled mode switch is arguably a mental process/organizing human activity with generic computer implementation under Alice step two), though that is outside the § 103 question you posed.
7. Dependent claims — briefer chart
| Claim | Subject matter | Obviousness read |
|---|---|---|
| 2 | at least one phone is a cellular phone | Trivial; both Forte and Duerk are cellular/wireless. |
| 3–4 | all phones indicate incoming call; active ring different/distinct from standby ring | Duerk signals the non‑selected units. Differentiated alerting is decades‑old telephony (distinctive ringing service; per‑number and per‑caller ringtones on cellular handsets were ubiquitous well before 2008). Predictable design choice with no unexpected result; strong KSR "design choice" ground. |
| 5 | switch associated with a user matrix in a computer database | Forte — WC routing/preferences database; US 8,447,352 — database of user preferences and access rights. |
| 6–7 | each phone has a common attribute, including an identical calling number | Duerk (one number, many units); Forte (one extension/DID for plural devices); and the applicant's own Background admission that enterprises already ran landline + mobile under one number. |
| 8 | common attribute established via a mobile software application | Thin. Pre‑2008 smartphones ran call‑routing/number‑management apps; the '011 itself admits the APP is merely a data‑entry vehicle ("via software such as a mobile software application"). A known data‑entry modality applied to a known grouping. Category art — verify a specific pre‑2008 app‑based call‑routing publication. |
| 9 | only one phone may be active | The core limitation; see Combination A/B. |
| 10, 20 | PIN switches standby → active before, during or after a call | Combination C + call‑transfer/park art. The "during" case is claim 1(E). |
| 11, 19 | two phones momentarily simultaneously active during a switch | Make‑before‑break is inherent to any competent handoff and is the standard way to avoid dropping a call. An inherent/handshake implementation detail. |
| 12–14 | switch is a mobile switching device that redirects an in‑progress call; two orderings (hold → standby → transfer; transfer → then signal standby) | Duerk's MSC is a mobile switching device performing call setup and signalling to the units. The two orderings are the two textbook implementations of 3GPP Explicit Call Transfer / Call Hold (hold‑then‑transfer vs. transfer‑then‑release). A fixed, two‑option, fully predictable design space — KSR "obvious to try" with a finite number of identified solutions. |
| 22 | each phone has a unique number and all share a shared calling number; a call to the shared number reaches only the pre‑selected active phone | Forte, verbatim in structure: remote wireless unit keeps its own DID and is reachable through the shared office number/extension. Also Duerk. |
| 23, 25 | standby phone may be switched to active after a call has been received/placed | Forte's "seamless switching" across circuit/packet devices; conventional transfer. |
| 24 | first and second groups, each phone with a unique number, all sharing one common calling number | Forte/Ascendent — multiple users, multiple devices, all hung off one WC/PBX platform; and the classic auto‑attendant/IVR ("dial the main number, press 1 for Sales"). Combining a multi‑user platform with an existing auto‑attendant to route by group is routine. |
| 27 (truncated) | PIN switching within a group | Same as 10/20. |
Claims 28–29 are not visible in my source (the fetch truncates mid‑word in claim 27: "…at any time before, during or after a telephone ca"). I cannot analyze them. If a fourth independent claim lives there, the analysis above would need to be extended — this is a genuine gap, not a judgment that they lack merit.
8. The § 103 motivation framework, stated once and cleanly
Any petition or expert report should present the motivation under the KSR categories rather than as a single narrative:
- Combination of known elements yielding predictable results. Forte and Duerk are the two canonical references in this exact problem space; the '011 adds only (i) a pre‑elected single live terminal and (ii) transfer of a live call between terminals. Both additions were standard telephony operations.
- Known technique applied to a known system for its known purpose. Call transfer, call hold, call park, extension‑mobility login, ACD agent state, and call barring are all pre‑existing, off‑the‑shelf techniques. Each is applied to serve the ordinary purpose of a multi‑device group — reachability and mobility. This is the KSR "familiar elements according to known methods" ground.
- Predictable variation / substitution of one known arbitration rule for another. Duerk's first‑to‑answer and Forte's user‑preference arbitration are replaced by pre‑election of the live terminal — same function, same result class.
- Design incentive from the art itself. The '011's own Background identifies the unmet need (privacy on a shared‑number system). The inventor's stated insight — "the present inventor has recognized that it is possible to improve the chances of locating an individual or group … while maintaining complete privacy" — is a restatement of the problem, not a solution beyond the predictable. Using the patentee's own problem statement as the motivation is the cleanest § 103 argument available.
- Obvious to try with a finite solution set. Ring‑all / ring‑sequential / ring‑one are three known approaches; the claim selects one.
- Explicit self‑admission. Forte and Duerk are cited by the applicant; the enterprise landline+mobile‑under‑one‑number practice is admitted in the Background; and the PIN‑for‑hijack‑prevention rationale is stated in the specification. The patent's own text does much of the work.
9. Expected rebuttals and how they hold up
| Patentee argument | Assessment |
|---|---|
| "Duerk and call forwarding allow the caller to stay on the line / require each device to have its own number / don't provide privacy." | Not a teaching away — it is a gap. A gap motivates, rather than discourages, the improvement. The '011's fix (disable the non‑live terminals) is the predictable completion of Duerk, not a departure from it. This is the applicant's weakest rhetorical move. |
| "Duerk lets multiple units join a call; the invention forbids it." | True but unhelpful. Prohibiting a capability is a subtractive change; removing a feature to obtain privacy is a predictable design choice, and terminal‑disabling mechanisms were standard. |
| "Forte requires routing intelligence in the WC, not a mode state on the handset." | Claim 1 does not require the switch to be on the handset. And Forte's "cannot be used as conventional wireless telephones until they leave the premises" is a device‑state teaching. Claim 5 explicitly permits the switch to be a user matrix in a computer database — i.e., network‑side, exactly Forte's architecture. |
| "No reference teaches a phone that is incapable of placing calls." | This is the patentee's only genuinely strong point, and it is a negative limitation supported by thin disclosure. It cuts both ways: if "incapable" is read to require a hardware/air‑interface disable, the specification's enablement is doubtful (§ 112); if it is read as "functionally unable because the system won't complete the call," then the network‑side barring/logout art meets it. Force this construction early. |
| Secondary considerations (long‑felt need; failure of others) | The Background does articulate a long‑felt need (exhaustion of the 10‑digit number space). But the asserted need traces to the claims' generic features, and there is no evidence of record of commercial success attributable to the claimed invention, industry praise, or failed attempts by others. Any nexus argument collapses for claims 15 and 18, which are broad enough to cover the prior art systems the patentee criticizes. Expect no meaningful Graham rebuttal on this record. |
| "Claims 15–29 get the 2008 priority date, so post‑2008 art is irrelevant." | Test this aggressively. If the CIP‑added matter is the only support, the effective date is 2015‑06‑01 and the entire 2008–2015 art field opens — including, awkwardly, the applicant's own parent application publication, which (assuming ordinary 18‑month publication of 12/145,316) would be prior art against the CIP‑only claims and cannot be antedated, since there is no "same inventor" exception to a statutory bar. Confirm the parent's publication date and number before relying on this; I have not verified a publication number for 12/145,316. |
10. Where the § 103 case is strong and where it is not
Strongest: claims 18 (PIN + two‑mode phones, no group requirement), 19–20, and 12–14, followed by 15–17 (broad grouping claim, and vulnerable on the CIP priority date, which unlocks 2008–2015 art).
Solid but art‑dependent: claims 1–11 — they turn entirely on locating a pre‑2008 reference teaching a terminal state in which a telephone cannot originate or receive calls. Every reading of this claim routes through that negative limitation. The Forte and Duerk references on the face of the patent do not supply it; the combination needs a third leg (call‑barring supplementary service, ACD/extension‑mobility logout, handset lock, or an equivalent). That third reference is the load‑bearing element of the entire invalidity theory, and I have not verified a specific document for it in this session.
Weakest: the "during a telephone call" switching limitations (claim 1(E), 10, 20, 23, 25) if the patentee can show a pre‑2008 reference set that transfers calls only at the network level for inbound calls and never for a live bidirectional session. Expect the patentee to argue that fixed‑mobile‑convergence handoff is a radio‑layer handoff rather than a subscription‑level device switch. That is a construction fight, not an art gap — and the distinction is narrow, since the '011's own disclosure concedes the transfer can occur "before, during or after" a call and can be initiated at either phone.
11. Flagged contradictions and disclosure notes
- "Pre‑AIA law" characterization (PTAB / Strategic sections) — CONTRADICTED. If claims 15–17 and 22–29 carry a 2015‑06‑01 effective filing date, the application is an AIA application under § 3(n)(1). PGR is unavailable only because the 2016‑08‑03 window closed, not because the patent is pre‑AIA. The practical conclusions (IPR is the only PTAB vehicle now; § 315(b) is the operative clock; no estoppel exists because nothing was ever instituted) remain intact.
- Terminal disclaimer (Strategic summary) — UNVERIFIED. The assertion that "the patent is subject to a terminal disclaimer tying its enforceable term to the parent" does not appear in the authoritative patent text I have. Plausible in a CIP‑over‑parent situation, but flag it as unconfirmed.
- Expiration date — CONFIRMED, but for a subtle reason. The 2028‑06‑24 anticipated expiration applies to all claims, including any claim that is not entitled to the 2008 priority date for § 102/§ 103 purposes. A CIP gets the early date for term and may get the late date for prior art. Do not let a defendant or an expert conflate the two.
- Prior‑art record is incomplete in my source. The Google Patents page as fetched contains prior‑art keywords and a prior‑art date, but no rendered citations table. I have used the two references the applicant himself cites (Forte, Duerk) plus admitted prior art and verified Forte‑family documents. Before relying on this analysis in a filing, pull the actual front‑page "(56) References Cited" list from the issued patent and the full file history (USPTO PatentCenter) to see what art the examiner actually applied and what the applicant traversed. If the claims issued without a § 103 rejection, that is itself a data point (and often means the examiner never found the third‑leg reference).
- 3GPP TS numbers. I cite Call Forwarding, Call Hold/Waiting, Call Barring, and Explicit Call Transfer as known supplementary services. Verify the exact TS numbers (I believe 22.082 / 22.083 / 22.088 / 22.091, but treat these as unconfirmed) and the pre‑2008 release versions before citing them.
- Category art is labeled as such. ACD agent login, IP‑PBX extension mobility, handset lock, and fixed‑mobile convergence handoff are cited as widely known commercial practices. I have not verified publication dates or document numbers for them in this session, and I have deliberately not assigned them reference numbers.
Bottom line: Every independent claim of US 9,179,011 is vulnerable under § 103, and the vulnerability is concentrated in a single structural fact — the patent's only real point of novelty is a negative limitation ("incapable of placing or receiving a call") layered on top of two references the applicant himself put on the table. Claim 18 is the softest target because it requires no group relationship at all; claims 15–17 and 22–29 are the next softest because their CIP‑only disclosure probably forfeits the 2008 priority date and opens the 2008–2015 art field; and claims 1–14 will be won or lost on whether a pre‑2008 reference can be produced teaching a telephone terminal state that is barred from both originating and receiving calls until a user‑entered code changes it. Find that reference and the whole patent falls; fail to find it and claim 1 survives on a construction argument.
Generated 9/29/2026, 1:33:33 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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