BACKGROUND OF THE INVENTION Communications systems, such as cellular phone systems and the like that are predominantly or advantageously suited to voice communications with subscriber or wireless devices are known. Most users of such devices have had the experience of receiving a phone call when it is not convenient or not considerate to answer or engage in a voice call. In these instances the user normally has to forego answering the call and perhaps hope a voice message is left. The calling party, rather than speaking with the called party, is left at best listening to a recorded voice message often provided by the service provider or perhaps by the called party. Systems now being planned and deployed provide for messaging based or data message based interactions, such as short messaging service, whereby data messages can be read or exchanged with a properly equipped subscriber unit. Unfortunately the messaging services and voice services are not sufficiently integrated for alternative use at a subscriber device. Clearly a need exists for systems and devices that can conveniently use the full range of services available with present and future systems and devices.

BRIEF DESCRIPTION OF THE DRAWINGS The accompanying figures, where like reference numerals refer to identical or functionally similar elements throughout the separate views and which together with the detailed description below are incorporated in and form part of the specification, serve to further illustrate various embodiments and to explain various principles and advantages all in accordance with the present invention.

FIG. 1 depicts, in a simplified and representative form, a communications system providing service to subscriber devices suitable for providing a messaging response to a voice call; FIG. 2 depicts a block diagram of a preferred embodiment of a subscriber device with data message capability; FIG. 3 illustrates a flow chart of a preferred method embodiment of providing a messaging response to a voice call suitable for operating in the subscriber device of FIG. 2; and; FIG. 4 depicts a flow chart of another method embodiment of receiving a messaging response to an initiated voice call.

DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS In overview form the present disclosure concerns communications systems that provide services, including voice and data services to wireless devices or wireless units or subscriber devices or subscriber units and users thereof operating therein.

Note that subscriber device or unit may be used interchangeably herein with wireless device or unit and each of these terms denote a device ordinarily associated with a user and typically a wireless device that may be used within a public network in accordance with a services agreement or within a private network. More particularly various inventive concepts and principles embodied in subscriber devices or units and methods therein or therewith for providing a messaging response or data message in response to a voice call for the convenience and advantage of such users of subscriber devices are discussed, described and disclosed. The communications systems and messaging devices that are of particular interest are those that provide or facilitate voice and messaging services, such as GSM (Global System for Mobile Communications), GPRS (General Packet Radio System), IS95 CDMA (Code Division Multiple Access), CDMA 2000, W-CDMA (Wideband CDMA) systems or others existing or being planned that utilize SMS (Short Messaging Service) protocols and the like or systems and devices that are packet data enabled and that enable connectivity or sessions with IP (Internet Protocol) based networks, such systems and devices including future packet data based systems such as 3d generation or UMTS (Universal Mobile Telephone Service) systems and evolutions of all of these systems.

As further discussed below various inventive principles and combinations thereof are advantageously employed to provide alternative operating procedures for a user of a subscriber device depending on the status of the subscriber device and user

actions responsive to a voice call either received or initiated by the subscriber device, thus alleviating various problems associated with known subscriber devices while advantageously facilitating a full and expanded range of features, options and applications for the devices and users provided these principles or equivalents thereof are utilized.

The instant disclosure is provided to further explain in an enabling fashion the best modes of making and using various embodiments in accordance with the present invention. The disclosure is further offered to enhance an understanding and appreciation for the inventive principles and advantages thereof, rather than to limit in any manner the invention. The invention is defined solely by the appended claims including any amendments made during the pendency of this application and all equivalents of those claims as issued.

It is further understood that the use of relational terms, if any, such as first and second, top and bottom, and the like are used solely to distinguish one from another entity or action without necessarily requiring or implying any actual such relationship or order between such entities or actions. Much of the inventive functionality and many of the inventive principles are best implemented with or in software programs or instructions or integrated circuits (ICs) such as application specific ICs or combinations of both. It is expected that one of ordinary skill, notwithstanding possibly significant effort and many design choices motivated by, for example, available time, current technology, and economic considerations, when guided by the concepts and principles disclosed herein will be readily capable of generating such software instructions and programs or ICs with minimal experimentation. Therefore, in the interest of brevity and minimization of any risk of obscuring the principles and

concepts according to the present invention, further discussion of such software and ICs, if any, will be limited to the essentials with respect to the principles and concepts used by the preferred embodiments.

Referring to FIG. 1, a simplified and representative communications system for providing services to subscriber devices that are suitable for providing a messaging response to a voice call will be discussed and described. Subscriber devices 103 and 105 are arranged and constructed to send and receive voice calls or traffic and possibly data messages over wireless links to and from a known radio access network 107 as well as manage reception and transmission of messages according to the desires of users of the devices. The radio access network 107 is coupled to or may be considered to include one or more base station controllers or mobile switching systems 109 that ordinarily operate to couple the PSTN (Public Switched Telephone Network) or a PSDN (public switched data network) 111 or other networks such as packet data networks like the Internet, Web, etc. to the subscriber devices or to couple two or more subscriber devices to each other via a circuit or packet based connection using known protocols specific to particulars of the radio access network or other networks.

Referring to FIG. 2 a block diagram of a preferred embodiment of a subscriber device 200, preferably with data message capability or that is data capable will be discussed and described. The subscriber device 200 is arranged and constructed for among others, providing or selectively providing a messaging response to a voice call. Note that a messaging response is a message, such as a text or text and graphics message that is originated at or by the subscriber device rather than a voiced message that has been prerecorded, in whatever format, and is intended to be delivered and

perceived as a voiced message. The device 200 includes an antenna 201 that operates to absorb and radiate radio frequency signals that are received by a receiver 203 or transmitted or sent from or by a transmitter 207 of the subscriber device as is known.

The receiver and transmitter 203,207 are inter coupled as depicted and interactively operate with and are controlled by a controller 205 to provide to, or accept or receive from the controller 205, voice traffic or data messages or signals corresponding thereto as is also known. The controller 205 is coupled to and operates in a known manner together with a speaker or earpiece 209, a microphone 211, an alerting device 213 such as a vibratory alert, a display 215 and a keyboard 217 or set of keys including a talk key 219 and a respond key 221 to effect a user interface. The keyboard can be a known physical keyboard or virtual keyboard that is part of the display and the display is also known and may be a liquid crystal display or the like.

If the keys are part of a virtual keyboard the display will need to be touch sensitive or the like in order to convey information to the controller 205. Similarly the speaker or earpiece, microphone, and alerting device are known and widely available.

The controller 205 is essentially a general-purpose processor and, preferably, includes a voice and data processor 223 and associated memory 225. The voice and data processor 223 is, preferably, a known processor based element with functionality that will depend on the specifics of the air interface with the radio access network as well as various network protocols for voice and data traffic. The processor 223 will operate to encode and decode voice and data messages to provide signals suitable for a transducer or further processing by the controller 205. The processor 223 may include one or more microprocessors, digital signal processors, and other integrated circuits depending on the responsibilities of the controller with respect to signal

processing duties that are not here relevant. In any event the controller 205 also includes the memory 225 that may be a combination of known RAM, ROM, EEPROM or magnetic memory.

The memory is used to store among various other items or programs etc. , an operating system 227, operating data, parameters, and variables 229, phone and address books 231, canned messages 233, custom message routines 235, message providing or composition routines 237, and sending or transmitting and receiving routines 239. The operating system is software instructions or code that when executed by the controller or processor included therewith will result in the controller performing the requisite functions of the subscriber device such as interfacing with the receiver and transmitter, display, keyboard, speaker, microphone, and alerting device and so on including others that will be further described below. As depicted the memory includes various other routines 241 that are too numerous to mention but that will be evident to one of ordinary skill given a specific subscriber device, etc.

The reader will appreciate that this listing is merely a brief listing of exemplary routines that will be required or advantageous in effecting a messaging response for a voice call and that other optional applications may be stored in the memory that have not been mentioned.

Briefly the receiver 203 is arranged to receive a signal corresponding to a voice call. This signal will vary dependent on the particular over the air protocol or air interface being used by the radio access system and subscriber device but can be thought of as the signal that informs the device of an incoming call. Then the controller 205, responsive to the signal and cooperatively with the transmitter, sends a data message intended for a source of that voice call or calling party. More

specifically the controller 205 is coupled to the receiver and responsive to the signal to provide an alert to a user of the subscriber device, the alert, for example, being a vibratory alert by driving the alerting device 213 or an aural alert by driving the speaker 209. When a selection between one of answering the voice call and responding with a message intended for a source of the voice call or calling party is to respond with a message, the controller provides via routine 237, responsive to the selection, a data message as is appropriate. When the selection indicates a response with the data message, the transmitter 207 is coupled to the controller and arranged to transmit the data message. Note that the controller 205 is controlling the receiver and transmitter via the sending and receiving routine 239.

Note that the selection may be a default selection made by a subscriber device manufacturer or a service provider that operates the radio access network, such as do not respond with a data message, or respond semi automatically after a predetermined number of rings or respond in accordance with a user's selection made after the alert has been provided or respond under some other set of predetermined circumstances, such as a certain alerting mode (vibrate only or silent or no alert) has been selected.

A user of the subscriber device can indicate a selection by pressing the talk key 219 and then presumably carrying on a voice conversation. The user may also press the respond key 221 and thereby set in motion the sending or transmitting of an appropriate data message. Of course the user has a third option, namely ignore the alert and later pick up a voice mail message if one was left.

Other important aspects deal with various particulars of the signal or what is included with the signal corresponding to the voice call, additional selections that may be available to a user, and specifics of the transmitted signal or data message.

For example above we have simply received a signal indicating that a calling party wishes to communicate via voice call. For whatever reason the user was not available or it was not convenient to answer and conduct a voice call so some form of a data message intended for the calling party was sent or transmitted. In a system where all or most calling parties have data capability this may be appropriate as the service provider will know or can determine an address for the data message as well as what protocol the calling party can use for data messages. This is advantageous as over the air capacity is not required in the outbound direction for data information and only sufficient capacity for a data message in the inbound direction and it does provide some utility. The inbound data message may be very brief as well and, for example, only operate to indicate to the service provider that a canned data message stored at the provider should be sent to the calling party.

Another aspect is demonstrated when the receiver further receives a data capable indication included with the signal corresponding to the voice call. In this instance the controller provides a data message corresponding to the data capable indication and the transmitter transmits the data message corresponding to the data capable indication. This allows an additional screen as to whether to send a data message, namely the user or subscriber device now at least knows that the calling party has data capability. This indication may be a character or predetermined data pattern within the signal. This approach may be advantageous when limited numbers of calling parties have data capability, such as when most are using landline POTs (Plain Old Telephones). In this case outbound and inbound capacity related to data messages is only required or consumed when calling parties may use the information.

Presumably a calling party can choose whether to send the data capable indication.

In another situation the receiver receives a caller identification (ID) included with the signal corresponding to the voice call; the controller provides a data message corresponding to the caller ID and the transmitter transmits the data message corresponding to the caller ID. In this instance without more the user can rely on personal knowledge of the calling party based on the caller ID and decide or select whether to respond with a data message in view of this personal knowledge. Note also that the phone/address database 231 may be beneficial by storing or cross- referencing and providing a proper data address for the data message to be sent to.

Alternatively or additionally the receiver may advantageously receive a data address corresponding to the voice call; the controller provide a data message corresponding to the data address and the transmitter transmit the data message addressed to this data address.

In fact the receiver may receive a plurality of data addresses, such as one or more email addresses, IP addresses, or alternative phone numbers serving as addresses for data messages. In this instance selecting, preferably by the user, one of the plurality of the data addresses would be done and then the transmitter would transmit the data message addressed to the one of the plurality of the data addresses that had been selected. Again this selection could be done largely by default in many cases, such as always select the data address that is the default address in the address book or database or always select the first email address and so on. Alternatively the controller can cause the addresses to be displayed and the user via the keyboard can select the preferred address.

An additional advantageous aspect is the substance of the data message that is transmitted by the transmitter responsive to the voice call. For example this data

message may include a data capable indication for the subscriber unit. This indication can specify suitable bearer protocols for subsequent data messages to be sent to the subscriber unit from the calling party. Furthermore and preferably the data message will include a data address for the subscriber unit and either a canned data message or a custom data message. Canned messages are predetermined and stored messages that are easily sent, such as"call in 15 minutes"whereas custom messages may be more difficult to formulate in the middle of a meeting but allow greater context relevant content, such as"In meeting, will call at break, approx 20 minutes." In one additional novel aspect the subscriber unit, when the user's selection is answering the voice call or alternatively upon initiation of a voice call will via the controller provide a data message with a data address for the subscriber unit and along with the voice traffic and as controlled by the transmitter will transmit the data address. This advantageously allows the subscriber unit or user thereof to receive data messages, while involved in the voice call, and presumably store messages at least temporarily, such as addresses, phone numbers, or other text or binary data such as photographs, that may not be convenient to write down while on the voice call.

Referring to FIG. 3, a flow chart of a preferred method embodiment of providing a messaging response to a voice call suitable for execution by a subscriber device, such as the one of FIG. 2 will be described and discussed. Note this will be somewhat of a review of some of the above noted principles and concepts but will include various additional principles and concepts. FIG. 3 illustrates a method of providing for or selectively providing, from a subscriber device, a messaging response to a voice call. The method 300 begins at 303 with receiving a signal corresponding to a voice call at, for example, a subscriber device and then at 305

shows sending or transmitting, responsive to the signal from 303, a data message intended for a source of that voice call herein alternatively referred to as a calling party. Note, that sending may include sending the data message without any identification of the source of that voice call or calling party with resolution of the calling party thus left, for example, to the service provider using origination information gleaned from the origination of the voice call or signal corresponding to the voice call.

Receiving the signal, preferably, includes one or more additional more detailed or optional processes 307-315. At 307 receiving the signal corresponding to the voice call, preferably includes receiving the signal with a data capable indication or a caller ID, or a plurality (one or more of any) of data addresses, such as email addresses, IP addresses, or alternative phone numbers. Having received the signal at 307 an alert, for example, aural or mechanical as noted above, is provided to the user of the subscriber device at 309. Selecting one of three options is depicted at 311, specifically ignoring the alert and perhaps picking up a voice mail later at 313, answering or taking the voice call corresponding to the alert at 315, or responding with a data message.

When the respond selection is made at 311, other selections can be optionally made as shown at 317,319 depending on the contents or substance of the signal received or other preferences of the user, etc. For example, 317 depicts selecting between a canned or stored data message and a custom or real time user composed data message with the trade offs or relative advantages discussed briefly above.

Additionally 319 shows selecting a data address to be used to address the data message if desired and if of course the signal or other information such as an address

book cross referenced from the signal provides more than one data address corresponding to the voice call or originator of the voice call or calling party. As noted above in many situations these selections can be made at a convenient time and need not wait till a voice call is presented. Of course when the selection requires information only available from the voice call or signal corresponding thereto, the selection cannot be made prior to receiving the indication or signal relating to the voice call. Naturally the substance or content of a custom data message or one customized in view of the identity of a calling party will usually have to wait until the signal for the voice call is received.

In any event 321 depicts providing or generating or composing a data message, preferably corresponding to the data capable indication or caller ID, or addressed to the selected data address as appropriate and dependent upon the specificities of the signal received and other selections made above. Then the process at 323 shows sending or transmitting the data message, preferably, as addressed and with a canned or custom data message as selected and preferably with or including a data capable indication or one or more data addresses corresponding to the subscriber device or responding unit. Together these steps may be viewed as sending the data message responsive to the data capable indication or sending the data message responsive to the caller ID or sending the data messages addressed to the data address as selected or if selected when a choice is presented. Of course more than one informational element may be received such as a caller ID and a data capable indication and the data message that is sent would then be responsive to one or both elements. In one advantageous embodiment a caller ID including a data address will be received as or as a part of the signal corresponding to the voice call and a data

message addressed to this data address will be sent in response, subject to a user's selection. By sending the data capable indication or a data address for the subscriber unit or called party to the calling party, a subsequent data message from the calling party is enabled or facilitated. This is reflected at 325 where receiving a data message, preferably addressed with the subscriber units data address is depicted.

Referring to FIG. 4 a simplified flow chart of another method embodiment of receiving a messaging response to an initiated voice call will be discussed and described. The method 400 is from the perspective of a calling party and begins at 403 with the initiation of a voice call with a called party. Then 405 shows or depicts providing a signal corresponding to the calling party that includes a data address.

This signal can be provided with, for example caller ID information when the voice call is initiated or after the voice call is underway either semi automatically and autonomously or in response to a calling party action or at the request of the called party. The signal and data address would be provided using the data overlay or data services portion of the communications system.

At any rate 407 shows receiving a data message from the called party, preferably and advantageously but not necessarily corresponding to the voice call.

An example of where the method 400 can be used to the advantage of both the calling and called party include initiating a voice call to a purveyor of goods or services, such as a restaurant or store, making reservations or ordering goods, and receiving a data message with a confirmation of the reservation and driving directions or a confirmation of an order for goods, an itemized receipt or invoice, etc. for the goods, or directions to a pick up point. Another example, is either the called or calling party, provided data addresses or the like have been exchanged or are available for

exchange, sending the other some form of file, such as a photo or document or the like, while engaged in a voice call.

Generally what has been described is an inventive approach for integrating two modes of communication or two communications paths, such that when one is not suitable for any of a variety of reasons, the other can be utilized. More specifically the methods, devices and associated systems discussed and the inventive principles thereof are intended to and may alleviate problems caused by prior art voice and data enabled systems and devices. Using these principles of providing for a messaging response to a voice call in a user convenient fashion will simplify responding to a voice call where circumstances preclude a call or where detailed information is needed but transcription processes are not practical and thus facilitate user interface efficiency and friendliness and thus satisfaction. It is expected that one of ordinary skill given the above described principles, concepts and examples will be able to implement other alternative procedures within the scope of those discussed and that will also offer additional quick and efficient messaging response procedures.

It is anticipated that the claims below cover such other examples.

This disclosure is intended to explain how to fashion and use various embodiments in accordance with the invention rather than to limit the true, intended, and fair scope and spirit thereof. The foregoing description is not intended to be exhaustive or to limit the invention to the precise form disclosed. Modifications or variations are possible in light of the above teachings. The embodiment (s) was chosen and described to provide the best illustration of the principles of the invention and its practical application, and to enable one of ordinary skill in the art to utilize the invention in various embodiments and with various modifications as are suited to the

particular use contemplated. All such modifications and variations are within the scope of the invention as determined by the appended claims, as may be amended during the pendency of this application for patent, and all equivalents thereof, when interpreted in accordance with the breadth to which they are fairly, legally, and equitably entitled.