`
`Exhibit 22
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`
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`NOTE: Defendant applies the prior art in light of Defendant’s current understanding of the asserted claims and Plaintiff’s apparent
`construction of those claims, as reflected in Plaintiff’s Infringement Contentions. Defendant’s prior art invalidity contentions may reflect
`alternative positions as to claim construction and scope and do not represent any admissions or agreement by Defendant as to the
`construction meaning, scope, definiteness, function, structure, written description support for, or enablement of any claim contained
`herein. Defendant’s contentions herein are not, and should in no way be seen as, any admission that Defendant’s accused technology
`meets any limitations of the claims.
`
`
`Exhibit O-1
`
`
`
`
`
`U.S. Patent Publication No. 2005/0195802 (“Klein”)
`vs.
`Claims of Asserted U.S. Patent Nos. 9,667,770 (“’770 Patent”), and 10,051,105 (“’105 Patent”)
`
`Asserted Patent/Claim
`
`’770 Patent
`[1.Preamble] A method of
`providing telephone service,
`the method comprising:
`
`Klein
`
`
`To the extent the preamble is construed as limiting, Klein discloses “[a] method of providing
`telephone service, the method comprising[.]”
`
`“A system and method automatically route telephone calls to a substitute telephone number that may
`differ from the dialed telephone number. The substitute telephone number is obtained from a call
`management module which determines the number based on various factors including, for example,
`modes, filters, schedules, and the like. A dynamic number portability database may be used to
`implement the call routing functionality.” Klein at Abstract.
`
`“The callee is often in a much better position to know how they can be reached than the caller, since
`the callee often knows in advance where they will be physically located (home, office, or car), and
`how reachable they will be. The present invention provides techniques for allowing the callee to
`specify how incoming calls will be handled. The user can specify call management parameters
`according to various factors, including time of day, day of week, manual override, caller identity,
`
`1
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`[1.A] associating a secondary
`telephone number with a
`primary telephone number in
`at least one computer
`memory device, the primary
`telephone number being
`assigned to a handset;
`
`caller input (for example specifying whether the call is urgent), called number, location of callee (for
`example using GPS, cell phone tower location, tower triangulation, Instant Messaging presence,
`Smart Tags, or other locating technology), location of caller, recent phone use, explicit selection
`(using web page, cell phone application, dial-in Interactive Voice Response (IVR), or other method),
`implicit system-learned (adaptive) understanding of the callee's call-receipt desires, or the like. In
`addition, any combination of the above factors may be used.” Id. at [0009].
`
`“A computer-implemented method for routing a telephone call[.]” Id. at Claim 1.
`
`To the extent this reference does not expressly disclose this limitation, it inherently discloses the
`limitation. To the extent this reference does not expressly or inherently disclose this limitation, it
`renders the limitation obvious in light of the reference by itself or in combination with other
`references, as described in Defendant’s invalidity contentions.
`
`Klein discloses “associating a secondary telephone number with a primary telephone number in at
`least one computer memory device, the primary telephone number being assigned to a handset[.]”
`
`“A system and method automatically route telephone calls to a substitute telephone number that may
`differ from the dialed telephone number. The substitute telephone number is obtained from a call
`management module which determines the number based on various factors including, for example,
`modes, filters, schedules, and the like. A dynamic number portability database may be used to
`implement the call routing functionality.” Klein at Abstract.
`
`“This invention relates generally to management of communications such as telephone calls, and
`more specifically to techniques for routing a dialed telephone call to a substitute telephone number.”
`Id. at [0005].
`
`“The system of the present invention provides any or all of the following features, alone or in any
`combination:
`multiple TNs for a single callee: the callee can specify different handling procedures for each TN[.]”
`Id. at [0016]-[0017].
`
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`“In one embodiment, telephone calls are automatically routed to a substitute telephone number that
`may differ from the dialed telephone number. The substitute telephone number is obtained from a
`call management module which determines the number based on various factors including, for
`example, modes, filters, schedules, and the like. A dynamic number portability (DNP) database may
`be used to implement the call routing functionality. Further features of the invention, its nature and
`various advantages will be more apparent from the accompanying drawings and the following
`detailed description.” Id. at [0030].
`
`“A ‘dialed telephone number (dialed TN)’ is a number dialed by a caller. It may or may not be
`associated with an actual telephone device.” Id. at [0053].
`
`“A ‘delivery telephone device’ is a device that can be used to receive calls.” Id. at [0054].
`
`“In one embodiment, a caller can identify a callee to be called by some identifier other than the
`telephone number (in other words, an identifier that is not in conformity with the North American
`Numbering Plan (NANP) for telephone numbers). Thus, in essence the caller attempts to call a
`person rather than a telephone number; in fact, the callee may not even be aware of the callee's
`telephone number.
`
`For example, the caller may initiate a call via a web interface, PDA interface, cell phone interface or
`by some other means. The caller may select or enter the callee's name or email address, or may even
`click on a link on a web page to attempt to reach the callee. The caller's action causes module 105 to
`perform a database lookup and to initiate a telephone call to callee according to the current mode
`and callee preferences, as described above. Thus, in this embodiment, calls are routed in a similar
`manner as above but the caller has identified the callee by means other than the telephone number.
`
`In one embodiment, the callee can specify that calls initiated by identifying the callee by some
`mechanism other than telephone number are handled differently than calls initiated by dialing a
`telephone number. Thus, for example, a call initiated by selecting a name from a web page might go
`to voicemail, while calls initiated by dialing a telephone number might be routed to the callee's
`wireless phone. Such a mechanism can be implemented for example by providing one or more
`additional pull-down menus in the screen shown in FIG. 3, allowing selection of actions to be taken
`if the callee is called using alternative identifying means.” Id. at [0153]-[0155].
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`“In one embodiment, the display of the mode indicates whether the callee is at home, at work, on
`vacation, or the like. In another embodiment, additional information can be displayed, such as the
`callee's activity mode schedule, an indication of when the current mode will change and what the
`next mode will be, forwarding information (such as substitute telephone number), or any
`combination thereof. The callee can specify what kind of information is displayed, and can indicate
`that different kinds of information be made available to different callers or depending on other
`factors.” Id. at [0186].
`
`“In one embodiment, call management is performed by doing a lookup at origin switch 102A or
`102B (associated with caller's 101 telephone line 101A or 101B) or PBX 104C, for example using
`Dynamic Number Portability (DNP). Thus, the call is redirected before it leaves originating switch
`102. An advantage of such an implementation is that it reduces system-wide telecom costs and
`eliminates potential calling loops that may take place if different systems (such as PBXs) control
`redirection for overlapping subsets of a user's phones.
`
`DNP need not be implemented in all networks to be effective at reducing costs associated with re-
`routing calls to alternate telephone numbers.
`
`In one embodiment, DNP is implemented using universal switch (CO and MSC) participation and/or
`PBX participation to redirect intra-company calls to a user's office phone. In one embodiment, DNP
`is also implemented at international gateway switches so that calls can be routed (vectored) when
`entering a particular service area.
`
`In another embodiment, DNP is implemented at the call-originating device, for example when calls
`are transported without going thought telecom switches. Such a technique can also be used for
`devices that use PSTN 103. Such devices include a computer that places calls using IP telephony, a
`wireless carrier's cell phone, or a peer-to-peer switch-less cell phone. The call-originating device
`performs a DNP database dip to receive the substitute TN and other call control information, such
`as TN to call if the substitute TN is not answered.
`
`When caller 101 dials a TN, switch 102A or 102B determines the dialed TN is a user TN (optional
`step). If so, then a DNP dip is performed passing Dialed TN and Calling Party TN, Calling Party
`
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`Blocked CID Flag, and a switch identifier (for location determination used in some cases for
`substitute TN selection). Returned from the dip is Substitute Telephone Number (STN), Busy
`Telephone Number (BTN) No Answer Telephone Number (NATN), No-Answer Ring Count (or
`time delay), and billing entity number (which may be a switch ID of user).” Id. at [0242]-[0246].
`
`“In one embodiment, Substitute TNs (STN) (Delivery TNs) are authenticated before they can be
`selected for use, so as to minimize the risk of someone hijacking the calls of a user 109. In one
`embodiment, this authentication process consists of the user logging in using web browser or phone
`IVR and entering the new number to be added to his or her palette of substitute telephone numbers
`(STN). The user is given an authentication key (such as a numeric sequence); the user then calls a
`special access number (such as a toll-free number). In one embodiment, the user must make this call
`from the STN to be added, so that the user's ownership of (or access to) the STN can be verified via
`caller ID. The user keys in the authentication key. Once a number is authenticated, the user can
`change his or her personal configuration to redirect to it at will. This process is used to populate a
`palette of delivery TNs available as destinations for call routing.” Id. at [0316].
`
`“Some portions of the detailed description are presented in terms of algorithms and symbolic
`representations of operations on data bits within a computer memory. These algorithmic descriptions
`and representations are the means used by those skilled in the data processing arts to most effectively
`convey the substance of their work to others skilled in the art. An algorithm is here, and generally,
`conceived to be a self-consistent sequence of steps leading to a desired result. The steps are those
`requiring physical manipulations of physical quantities. Usually, though not necessarily, these
`quantities take the form of electrical or magnetic signals capable of being stored, transferred,
`combined, compared, and otherwise manipulated. It has proven convenient at times, principally for
`reasons of common usage, to refer to these signals as bits, values, elements, symbols, characters,
`terms, numbers, or the like.
`
`It should be borne in mind, however, that all of these and similar terms are to be associated with the
`appropriate physical quantities and are merely convenient labels applied to these quantities. Unless
`specifically stated otherwise as apparent from the following discussion, it is appreciated that
`throughout the description, discussions utilizing terms such as ‘processing’ or ‘computing’ or
`‘calculating’ or ‘determining’ or ‘displaying’ or the like, refer to the action and processes of a
`computer system, or similar electronic computing device, that manipulates and transforms data
`
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`represented as physical (electronic) quantities within the computer system's registers and memories
`into other data similarly represented as physical quantities within the computer system memories or
`registers or other such information storage, transmission or display devices.
`
`The present invention also relates to an apparatus for performing the operations herein. This
`apparatus may be specially constructed for the required purposes, or it may comprise a general-
`purpose computer selectively activated or reconfigured by a computer program stored in the
`computer. Such a computer program may be stored in a computer readable storage medium, such as,
`but is not limited to, any type of disk including floppy disks, optical disks, CD-ROMs, and magnetic-
`optical disks, read-only memories (ROMs), random access memories (RAMs), EPROMs,
`EEPROMs, magnetic or optical cards, or any type of media suitable for storing electronic
`instructions, and each coupled to a computer system bus.
`
`The algorithms and modules presented herein are not inherently related to any particular computer
`or other apparatus. Various general-purpose systems may be used with programs in accordance with
`the teachings herein, or it may prove convenient to construct more specialized apparatuses to perform
`the required method steps. The required structure for a variety of these systems will appear from the
`description below. In addition, the present invention is not described with reference to any particular
`programming language. It will be appreciated that a variety of programming languages may be used
`to implement the teachings of the invention as described herein. Furthermore, as will be apparent to
`one of ordinary skill in the relevant art, the modules, features, attributes, methodologies, and other
`aspects of the invention can be implemented as software, hardware, firmware or any combination of
`the three. Of course, wherever a component of the present invention is implemented as software, the
`component can be implemented as a standalone program, as part of a larger program, as a plurality
`of separate programs, as a statically or dynamically linked library, as a kernel loadable module, as a
`device driver, and/or in every and any other way known now or in the future to those of skill in the
`art of computer programming. Additionally, the present invention is in no way limited to
`implementation in any specific operating system or environment.” Id. at [0336]-[0339].
`
`“A computer-implemented method for routing a telephone call, comprising:
`receiving an indication of a telephone call being initiated by a caller, the telephone call having a
`dialed telephone number;
`passing the dialed telephone number to a call management module;
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`obtaining, from the call management module, a substitute telephone number; and
`routing the telephone call to the substitute telephone number.” Id. at Claim 1.
`
`“The method of claim 11, wherein the items obtained from the call management module are
`determined based on the dialed telephone number passed to the call management module.” Id. at
`Claim 12.
`
`“The method of claim 1, wherein the dialed telephone number is associated with a telephone
`network, and wherein routing the telephone call comprises:
`responsive to the call being initiated from within the telephone network, routing the telephone call
`by an origin switch to the substitute telephone number;
`responsive to the call being initiated from outside the telephone network, performing at least one
`selected from the group consisting of:
`routing the telephone call by a gateway switch within the network to the substitute telephone number;
`and
`routing the telephone call by a destination switch associated with the dialed telephone number to the
`substitute telephone number.” Id. at Claim 27.
`
`“A system for routing a telephone call, comprising:
`a calling device, for receiving an indication of a telephone call being initiated by a caller, the
`telephone call having a dialed telephone number;
`a call management module, for receiving the dialed telephone number from the calling device and
`for passing a substitute telephone number to the calling device;
`wherein, responsive to receiving the substitute telephone number from the call management module,
`the calling device routes the telephone call to the substitute telephone number.” Id. at Claim 29.
`
`“A system for routing a telephone call, comprising:
`a switch, for receiving an indication of a telephone call being initiated by a caller, the telephone call
`having a dialed telephone number;
`a call management module, for receiving the dialed telephone number from the switch and for
`passing a substitute telephone number to the switch;
`wherein, responsive to receiving the substitute telephone number from the call management module,
`the switch routes the telephone call to the substitute telephone number.” Id. at Claim 31.
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`
`
`
`[1.B] acquiring first digital
`information from the handset
`over at least one data
`channel, the first digital
`information indicating
`primary call processing rules
`for handling calls directed to
`the primary telephone
`number;
`
`
`
`To the extent this reference does not expressly disclose this limitation, it inherently discloses the
`limitation. To the extent this reference does not expressly or inherently disclose this limitation, it
`renders the limitation obvious in light of the reference by itself or in combination with other
`references, as described in Defendant’s invalidity contentions.
`
`Klein discloses “acquiring first digital information from the handset over at least one data channel,
`the first digital information indicating primary call processing rules for handling calls directed to the
`primary telephone number[.]”
`
`“The callee configures the system with mode and filter preferences, in order to define how various
`calls should be handled. Configuration can take place via any type of user interface, including a web
`interface, phone-based IVR, or cell phone application. Configuration includes characterizing
`potential callers into groups and setting up filters for each group. Filters specify either to which
`phone to send the call, to send it to voicemail, or to give the caller a choice. The filter configuration
`for a group can change based on time of day, explicit command from the user, and/or location of the
`user. Configuration also includes defining various activity modes during which different call
`management rules should be applied.” Klein at [0012].
`
`“In one embodiment, signaling gateway 1407, database 105A, application processor 105B, and
`messaging gateway 1408 communicate with one another via Local Area Network (LAN) 1406.
`Similarly, components of enterprise 1413 communicate with one another via Local Area Network
`(LAN) 1409. LANs 1406 and 1409 communicate with one another using Internet Protocol (IP)1202,
`and LAN 1406 communicates with VM 106 using IP 1202. Gateway 1410 connects LAN 1409 to
`PSTN 103. STP 1404 communicates with signaling gateway 1407 via SS7 1405.” Id. at [0076].
`
`“The system of the present invention provides any or all of the following features, alone or in any
`combination:
`multiple TNs for a single callee: the callee can specify different handling procedures for each TN[.]”
`Id. at [0016]-[0017].
`
`“When a call is made to callee 109, module 105 directs the call based on any combination of the
`following factors: call routing rules as specified above, currently active mode, caller identification
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`(or lack thereof), called telephone number, mode, and caller or callee input as described above. In
`one embodiment, call routing may also be determined by the system based on routing decisions the
`user has made in the past. Thus, the present invention can use intelligent call management
`algorithms, including for example collaborative filtering based on the behavior of a set of users, to
`learn about users' preferences without requiring explicit selection.
`
`For example, if the system recognizes that, at a given location, calls to all users are almost never
`answered, it can automatically route calls to callees in that location to voicemail, while sending a
`SMS notification to the callee. Examples of locations where such a situation may occur are a movie
`theater and a lecture hall. The system can determine these location behaviors empirically, for
`example based on system usage. Alternatively, the system can use a database of location
`classifications to extrapolate a user's behavior (or set of user's collaborative behavior) from one
`location to another location of similar classification.
`
`In one embodiment, call handling is accomplished as follows. When a call is placed to one of a user's
`managed telephone numbers, a database query is made before the call is completed. The result of
`the database query causes the call to complete to the originally dialed device (device associated with
`the managed telephone number), to be redirected to another delivery device (which may, or may not,
`also be in the set of managed telephone numbers), or to be redirected to the system handling the
`user's voicemail. The call routing is thus performed in a manner that is seamless to both the caller
`and the callee.” Id. at [0112]-[0114].
`
`“In one embodiment, the system of the present invention implements rule-based routing based on
`the data stored in database 105A.
`
`Rules are implemented in a manner that resembles operands. For any given call management
`situation, only one rule is executed, so as to definitively dispose of the call.
`
`The rules are created by program logic, on a web server and in database 105A, when callee 109
`configures his or her account. When a managed call is handled by the system of the present invention,
`a determination is made as to which single rule is to be executed by the switch. If more than one
`callee 109 shares the managed phone line (managed TN), a single rule is identified for each callee
`109 and returned to the querying server (“telephone server,” Signaling Application Processor, etc.).
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`That server causes the caller to be asked which user they are calling. (For example, “Press 1 for Joe;
`Press 2 for Jane”) After that selection is made by the caller, the appropriate call-routing rule is
`executed. If only a single user is associated with a managed TN, the rule for that user is executed
`without need for caller interaction. Accordingly, in one embodiment database 105A stores a
`representation of a chart for a particular callee 109; the chart sets forth a set of rules. Each rule is
`qualified by any or all of the following:
`
`Which mode is the callee in?
`What TN was called by the caller?
`What group (i.e., set of caller TNs) does the caller belong to?
`Does the caller have caller ID?
`
`Associated with each rule is an action (or more than one action), also referred to as op-codes.
`Examples include:
`
`Deliver the call to a TN;
`Route the call to VM;
`Try to deliver the call, then go to VM if no answer or busy;
`Screen (if no caller ID, require caller to enter telephone number);
`Sequentially ring multiple delivery TN, stopping the sequence if the callee is reached;
`Simultaneously ring multiple delivery TN—if the callee is reached, stop ringing the other devices.
`
`In one embodiment, database 105A includes a representation of a number of rules, each including
`any or all of the above.
`
`As discussed herein, callee 109 modes can be based on explicit selection, or on location, or by a
`schedule, or by other predetermined conditions. In one embodiment, certain modes may expire
`automatically after a defined period of time; then, the callee 109 returns to a default mode or previous
`mode.” Id. at [0116]-[0131].
`
`“In one embodiment, the system of the present invention performs real-time mapping and rule
`selection on call-by-call basis. Thus, inputs are evaluated at the time the call comes in, so as to select
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`the rule based on the most up-to-date information. Thus the present invention ensures that calls are
`correctly routed based on the most current sources of information and settings.” Id. at [0150].
`
`“A caller places a call, for example via computer 1201 that is running a voice communication
`application. The caller identifies the callee by some means other than entering a NANP telephone
`number, for example by entering the callee's e-mail address. The application running on computer
`1201 contacts call management configuration storage and routing module 105 to determine how to
`route the call. Based on callee preferences, routing module 105 causes the call to be routed to another
`computer 1204 or to a NANP device such as telephone 108A connected to PSTN 103 via an IP/PSTN
`gateway 1203. In one embodiment, the call is routed from computer 1201 to gateway 1203 or to
`computer 1204 via the Internet 1202.” Id. at [0157].
`
`“Callee mode information can be determined when another user queries for it or it can be determined
`periodically by the system. If the mode is determined periodically, it can be stored and made
`available for query or it can be pushed to the client devices of all users who have access to the
`information.” Id. at [0184].
`
`“In another embodiment, DNP is implemented at the call-originating device, for example when calls
`are transported without going thought telecom switches. Such a technique can also be used for
`devices that use PSTN 103. Such devices include a computer that places calls using IP telephony, a
`wireless carrier's cell phone, or a peer-to-peer switch-less cell phone. The call-originating device
`performs a DNP database dip to receive the substitute TN and other call control information, such
`as TN to call if the substitute TN is not answered.” Id. at [0245].
`
`“Some portions of the detailed description are presented in terms of algorithms and symbolic
`representations of operations on data bits within a computer memory. These algorithmic descriptions
`and representations are the means used by those skilled in the data processing arts to most effectively
`convey the substance of their work to others skilled in the art. An algorithm is here, and generally,
`conceived to be a self-consistent sequence of steps leading to a desired result. The steps are those
`requiring physical manipulations of physical quantities. Usually, though not necessarily, these
`quantities take the form of electrical or magnetic signals capable of being stored, transferred,
`combined, compared, and otherwise manipulated. It has proven convenient at times, principally for
`
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`reasons of common usage, to refer to these signals as bits, values, elements, symbols, characters,
`terms, numbers, or the like.
`
`It should be borne in mind, however, that all of these and similar terms are to be associated with the
`appropriate physical quantities and are merely convenient labels applied to these quantities. Unless
`specifically stated otherwise as apparent from the following discussion, it is appreciated that
`throughout the description, discussions utilizing terms such as “processing” or “computing” or
`“calculating” or “determining” or “displaying” or the like, refer to the action and processes of a
`computer system, or similar electronic computing device, that manipulates and transforms data
`represented as physical (electronic) quantities within the computer system's registers and memories
`into other data similarly represented as physical quantities within the computer system memories or
`registers or other such information storage, transmission or display devices.
`
`The present invention also relates to an apparatus for performing the operations herein. This
`apparatus may be specially constructed for the required purposes, or it may comprise a general-
`purpose computer selectively activated or reconfigured by a computer program stored in the
`computer. Such a computer program may be stored in a computer readable storage medium, such as,
`but is not limited to, any type of disk including floppy disks, optical disks, CD-ROMs, and magnetic-
`optical disks, read-only memories (ROMs), random access memories (RAMs), EPROMs,
`EEPROMs, magnetic or optical cards, or any type of media suitable for storing electronic
`instructions, and each coupled to a computer system bus.
`
`The algorithms and modules presented herein are not inherently related to any particular computer
`or other apparatus. Various general-purpose systems may be used with programs in accordance with
`the teachings herein, or it may prove convenient to construct more specialized apparatuses to perform
`the required method steps. The required structure for a variety of these systems will appear from the
`description below. In addition, the present invention is not described with reference to any particular
`programming language. It will be appreciated that a variety of programming languages may be used
`to implement the teachings of the invention as described herein. Furthermore, as will be apparent to
`one of ordinary skill in the relevant art, the modules, features, attributes, methodologies, and other
`aspects of the invention can be implemented as software, hardware, firmware or any combination of
`the three. Of course, wherever a component of the present invention is implemented as software, the
`component can be implemented as a standalone program, as part of a larger program, as a plurality
`
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`of separate programs, as a statically or dynamically linked library, as a kernel loadable module, as a
`device driver, and/or in every and any other way known now or in the future to those of skill in the
`art of computer programming. Additionally, the present invention is in no way limited to
`implementation in any specific operating system or environment.” Id. at [0336]-[0339].
`
`
`Id. at FIG. 3.
`
`“In one embodiment, the callee can specify that calls initiated by identifying the callee by some
`mechanism other than telephone number are handled differently than calls initiated by dialing a
`
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`telephone number. Thus, for example, a call initiated by selecting a name from a web page might
`go to voicemail, while calls initiated by dialing a telephone number might be routed to the callee's
`wireless phone. Such a mechanism can be implemented for example by providing one or more
`additional pull-down menus in the screen shown in FIG. 3, allowing selection of actions to be
`taken if the callee is called using alternative identifying means.” Id. at [0155].
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`Id. at FIG. 4.
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`14
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`Case 6:22-cv-00031-ADA Document 43-22 Filed 07/19/22 Page 16 of 131
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`“In the example shown, as depicted in FIG. 4, the user has configured the ‘At Work’ activity so
`that calls to home are sent to voicemail and calls to both mobile and office are sent to the office.
`This mode is scheduled to be active from 9 am through 5 pm every workday. Check box 306 has
`been activated, so that text notification will be sent when voicemail is received.” Id. at [0103].
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`Id. at FIG. 5.
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`“FIGS. 3, 4, and 5 are screen shots depicting call manager setup screens according to one
`embodiment.” Id. at [0034].
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`15
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