DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s amendment filed 3/24/2026 is acknowledged.
Claims 1, 12, and 31 are amended.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/24/2026 has been entered.
Response to Amendment
Amendments filed on 3/24/2026 are entered for prosecution. Claims 1, 3, 7, 12, 15, 17, 31, 34, and 36 remain pending in the application.
Applicant’s amendment to claim 31 has overcome the objection to claim 31 previously set forth in the Final Action mailed on 11/24/2025.
Response to Arguments
Applicant’s arguments with respect to independent claims 1, 12 and 31 (pages 9-15) in a reply filed 3/24/2026 have been fully considered but are not persuasive.
Regarding claims 1, 12, and 31:
In the remarks, Applicant contends, in page 15, that “The Office Action appears to have taken the position the IP multicast address of the G-UPF 338 of Dao5196 corresponds to the claimed IP multicast address. However, paragraph [0291] of Dao5196 discloses that an AF322 sends a message to a SMF 310 that the IP multicast address of the G-UPF 338 that the UE 102 may use to send a request to join the MB Session. In other words, Dao5196 discloses a UE using the IP multicast address of the G-UPF 338 when sending a request to join the MB Session, but fails to disclose or suggest the SMF including an IP multicast address in a request sent by the SMF to an access node serving the user equipment.” (Emphasis added by the Examiner).
The Examiner respectfully disagrees. Unlike Applicant’s assertion, the teachings of Dao5196 in para. [0291] is related to the multicast service access information (e.g., MB session ID, TMGI of the MB Session, IP multicast address of the router, IP multicast of G-UPF, etc.) that the SMF sends, via an AMF to (R)AN and then to UE, for the UE to use to access the allowed MB session in response to a reception of a request to join a multicast broadcast service from the UE. The IP multicast address of the G-UPF in para. [0291] of Dao5196 is not for an initial request to join the MB service. The UE does not know and is not required to use the IP multicast address of the G-UPF when sending an initial request to join a multicast service.
Therefore, the disclosure of Dao5196 reads on the limitations as claimed (see further detailed discussion below).
Claim Objections
Claim 12 is objected because of the following informalities:
In claim 12, it is suggested to amend to add “the” and to read “… joining, using the multicasting addressing information, the multicast broadcast service to receive the data of the multicast broadcast service from the internet protocol multicast address that the user plane function or the router uses to multicast the data of the multicast broadcast service to the access network node via the N3 interface; and …” for clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 12, 15, 17, 31, 34, and 36 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dao et al. (US 2021/0105196 A1, hereinafter Dao5196) claiming benefit to and fully-supported by US provisional applications 62/911,038 filed on Oct. 4, 2019.
Regarding claim 1:
Dao5196 teaches an apparatus (see, Dao5196: Fig. 3, SMF 310, support is found in Fig. 3 of 62/911,038) for a communication network, the apparatus comprising:
at least one processor (see, Dao5196: Fig. 1, Electronic Device, Processor 106, support is found in Fig. 1 of 62/911,038); and at least one memory (see, Dao5196: Fig. 1, Electronic Device, Memory 108, support is found in Fig. 1 of 62/911,038) including computer program code of a session management function (see, Dao5196: Fig. 3, SMF 310), wherein the computer program code is configured to, when executed by the at least one processor, cause the apparatus to at least:
receive, from a user equipment (see, Dao5196: Fig. 3, UE 102), a request to join a multicast broadcast service (see, Dao5196: para. [0291], “the UE 102 may send a request for authorization to access an MB service and/or one or multiple MB Session(s) of the MB service to a CP NF-X, such as SMF 310, of the mobile network during PDU Session Establishment procedure.”, support is found in para. [00287] of 62/911,038); and
send, towards an access network node (see, Dao5196: Fig. 3, (R)AN 302) serving the user equipment via an access and mobility function (see, Dao5196: Fig. 3, AMF 308) and an N2 interface between the access and mobility function and the access network node (see, Dao5196: Fig. 3, N2 interface between AMF 308 and (R)AN 302; para. [0290], “”), a request (e.g., message-2 of Dao5196) for the access network node to associate the user equipment with delivery of data of the multicast broadcast service (see, Dao5196: para. [0290], “The AMF 308 may send … an N2 message to the (R)AN 302. … The N2 message to the (R)AN 302 may include an indication that the UE 102 is authorized to receive MB data of an MB session represented by, e.g. MB Session ID, or TMGI. The (R)AN 302 may forward the received N1 NAS message to the UE 102.”), the request including an identifier of the multicast broadcast service (e.g., MB Session ID), a session identifier of a session of the user equipment (e.g., TMGI of the MB Session, see: para. [0070], “information to identify the MB Session in the radio interface (e.g. Temporary Mobile Group Identity (TMGI), or Radio Network Temporary Identifier (RNTI)).”), and multicast addressing information (e.g., message-2) comprising: a source address comprising an address of a user plane function or a router (e.g., IP multicast address of the router) that is selected by the session management function (see, Dao5196: para. [0238], “the SMF 700 selects a UPF 304 and triggers N4 session establishment.”; para. [0288], “The embodiment discussed above, in FIG. 10, provides a method for the G-SMF 1006 to select a MB Session Anchor (MBSA) UPF to serve the MB Session. The selection of MBSA UPF is optimized based on the UE location and AS location.”) to deliver the data of the multicast broadcast service to the access network node, via an N3 interface between the session management function and the access network node (see, Dao5196: Fig. 3, N3 interface between (R)AN 302 and G-UPF 338), and an internet protocol multicast address (e.g., IP multicast of the G-UPF) that the user plane function or the router uses to multicast the data of the multicast broadcast service to the access network node, via the N3 interface, for delivery to the user equipment (see, Dao5196: para. [0291], “If the MB Session Authorization Request is accepted, the AF 322 may include in the MB Session Authorization Response a message-1 to be sent to the UE 102 and a message-2 to the NF-X. ... The message-2 for the NF-X, such as SMF 310, may include the MB Session information that the UE may join. The MB Session information may include one or more of following information: the MB Session ID, TMGI of the MB Session, Packet Filter(s) of the MB Session, the IP multicast address of the router that UE 102 may send a request to join the MB Session, the IP multicast address of the G-UPF 338 (or MBSA UPF) that the UE 102 may send a request to join the MB Session. The NF-X, such as SMF 310, may use the information in the message-2 to configure the UP path between the (R)AN 302 and the G-UPF 338 (which is also MBSA UPF) so that the G-UPF 338 may send the DL MB data to the (R)AN 302.”; para. [0380], “The (R)AN 302 may use the MB Session ID, and/or TMGI, and/or UE Group ID to associate the UE 102 with a Group Context, such as MB Session Context, or Group PDU Session Context in which the UE members of the group may have the same QoS parameters of QoS profiles.”, support is found in para. [00287] [00376] of 62/911,038.).
Regarding claim 3:
As discussed above, Dao5196 teaches all limitations in claim 1.
Dao5196 further teaches wherein the session comprises a protocol data unit session, wherein the request to join a multicast broadcast service is received from the user equipment via a user plane or a control plane (see, Dao5196: para. [0056], “The UE 102 communicates with network functions that are in the User Plane (UP) 328, and the CP 330.”; para. [0292], “The UP Establishment for a UE to join MB Session will now be discussed. This procedure may support the mobile network and/or another party to authorize the UE request to use an MB Service and/or to join an MB Session.”; para. [0293], “A UE may request to establish a PDU Session to receive data of an MB Session. The PDU Session Establishment procedure is described in clause 4.3.2.2 of TS 23.502.”; para. [0296], “UE 102 sends to AMF 701, via (R)AN 302, a NAS Message comprising S-NSSAI(s), DNN, PDU Session ID, Request type, Old PDU Session ID, MB Session ID, UE Group ID, N1 SM container (PDU Session Establishment Request).”, supports are found in para. [0054] [00288] [00289] [00292] of 62/911,038.).
Regarding claim 12:
Dao5196 teaches an access network node (see, Dao5196: Fig. 3, (R)AN 302, support is found in Fig. 3 of 62/911,038) for a communication network, the access network node comprising:
at least one processor (see, Dao5196: Fig. 1, Electronic Device, Processor 106, support is found in Fig. 1 of 62/911,038); and at least one memory (see, Dao5196: Fig. 1, Electronic Device, Memory 108, support is found in Fig. 1 of 62/911,038) including computer program code, wherein the computer program code is configured to, when executed by the at least one processor, cause the access network node to perform operations, the operations comprising at least:
receiving, from a session management function (see, Dao5196: Fig. 3, SMF 310) of the communication network, a request (e.g., message-2 of Dao5196) for the access network node to associate a user equipment (see, Dao5196: Fig. 3, UE 102) served by the access network node with delivery of data of a multicast broadcast service (see, Dao5196: para. [0290], “The AMF 308 may send … an N2 message to the (R)AN 302. … The N2 message to the (R)AN 302 may include an indication that the UE 102 is authorized to receive MB data of an MB session represented by, e.g. MB Session ID, or TMGI. The (R)AN 302 may forward the received N1 NAS message to the UE 102.”), the request comprising an identifier of the multicast broadcast service (e.g., MB Session ID), a session identifier that identifies a session of the user equipment (e.g., TMGI of the MB Session, see: para. [0070], “information to identify the MB Session in the radio interface (e.g. Temporary Mobile Group Identity (TMGI), or Radio Network Temporary Identifier (RNTI)).”), and multicast addressing information comprising: a source address comprising an address of a user plane function or a router (e.g., IP multicast address of the router) that is selected by the session management function (see, Dao5196: para. [0238], “the SMF 700 selects a UPF 304 and triggers N4 session establishment.”; para. [0288], “The embodiment discussed above, in FIG. 10, provides a method for the G-SMF 1006 to select a MB Session Anchor (MBSA) UPF to serve the MB Session. The selection of MBSA UPF is optimized based on the UE location and AS location.”) to deliver the data of the multicast broadcast service to the access network node via an N3 interface between the session management function and the access network node (see, Dao5196: Fig. 3, N3 interface between (R)AN 302 and G-UPF 338), and an internet protocol multicast address (e.g., IP multicast of the G-UPF) that the user plane function or the router uses to multicast the data of the multicast broadcast service to the access network node receives, via the N3 interface, for delivery by the access network node to the user equipment (see, Dao5196: para. [0291], “If the MB Session Authorization Request is accepted, the AF 322 may include in the MB Session Authorization Response a message-1 to be sent to the UE 102 and a message-2 to the NF-X. ... The message-2 for the NF-X, such as SMF 310, may include the MB Session information that the UE may join. The MB Session information may include one or more of following information: the MB Session ID, TMGI of the MB Session, Packet Filter(s) of the MB Session, the IP multicast address of the router that UE 102 may send a request to join the MB Session, the IP multicast address of the G-UPF 338 (or MBSA UPF) that the UE 102 may send a request to join the MB Session. The NF-X, such as SMF 310, may use the information in the message-2 to configure the UP path between the (R)AN 302 and the G-UPF 338 (which is also MBSA UPF) so that the G-UPF 338 may send the DL MB data to the (R)AN 302.”; para. [0380], “The (R)AN 302 may use the MB Session ID, and/or TMGI, and/or UE Group ID to associate the UE 102 with a Group Context, such as MB Session Context, or Group PDU Session Context in which the UE members of the group may have the same QoS parameters of QoS profiles.”, support is found in para. [00287] [00376] of 62/911,038.);
determining whether the access network node receives, for another user equipment, the data of the multicast broadcast service based on the identifier of the multicast broadcast service and the multicast addressing information (see, Dao5196: para. [0469], “Based on the information of UE 102 and/or other UEs currently receiving the DL MB data of the same MB Session, indicated by e.g. MB Session ID or TMGI, …”, support is found in para. [00465] of 62/911,038.); and
based on determining that the access network node is not receiving the data of the multicast broadcast service for another user equipment (see, Dao5196: para. [0469], “…, the (R)AN 302 may select a suitable radio configuration parameters to deliver DL MB PDUs to the UE 102. For example, the (R)AN 102 may establish a separate unicast DRB for the UE 102;”, support is found in para. [00465] of 62/911,038.);
joining, using the multicasting addressing information, the multicast broadcast service to receive the data of the multicast broadcast service from internet protocol multicast address that the user plane function or the router uses to multicast the data of the multicast broadcast service to the access network node via the N3 interface (see, Dao5196: para. [0291], “The NF-X, such as SMF 310, may use the information in the message-2 to configure the UP path between the (R)AN 302 and the G-UPF 338 (which is also MBSA UPF) so that the G-UPF 338 may send the DL MB data to the (R)AN 302. The NF-X, such as SMF 310, may configure the G-UPF 338 to detect the UL message from the UE 102, e.g. IGMP Join, to join an MB Session.”; para. [0380], “For the MB Session ID and/or TMGI, and/or UE Group ID, the (R)AN 302 may use the MB Session ID to determine whether to establish a separate DL tunnel for the PDU Session or to use an existing DL tunnel, e.g. a shared DL N3 (or N9) tunnel, to receive DL PDUs of the MB Session.”, support is found in para. [00376] of 62/911,038.); and
binding at least one radio bearer of the access network node with the session identifier of the session of the user equipment to enable the delivery of the data to the user equipment (see, Dao:5196: para. [0380], “The (R)AN 302 may use the MB Session ID, and/or TMGI, and/or UE Group ID to associate the UE 102 with a Group Context, such as MB Session Context, or Group PDU Session Context in which the UE members of the group may have the same QoS parameters of QoS profiles.”; para. [0469], “the (R)AN 102 may establish a separate unicast DRB for the UE 102; ... The (R)AN 302 may send radio configuration parameters to the UE 102 so that the UE 102 can receive the DL MB PDUs.”; para. [0499], “The (R)AN 302 may transmit the data received from the N3 interface to the UE by using a non-shared unicast DRB.”, supports are found in para. [00376] [00495] of 62/911,038.).
Regarding claim 15:
As discussed above, Dao5196 teaches all limitations in claim 12.
Dao5196 further teaches wherein updating a binding context associated to the multicast broadcast service with the session identifier that identifies the session of the user equipment (see, Dao5196: para. [0230], “If the MB Session has been established before the UE requests a PDU Session, the network may indicate the binding of the PDU Session and one or multiple existing MB Sessions. This scenario may be useful when a UE establishes a PDU session to communicate with the application server. The mobile network may notify the UE of the MB Sessions currently associated with the UE.”; para. [0231], “One or more MB Sessions have been established. During the PDU Session Establishment, the UE may need to perform third party authorization by a security server. The SMF sends the information provided by the UE to the security server. The security server may send back to the SMF the MB Sessions that the UE may access. The MB Session may be represented by TMGI. The SMF sends the MB Session information (e.g. including TMGI) to the UE in the PDU Session Accept message. The UE may access radio control channel(s) to find radio data channels that carry DL MB Session(s).”; para. [0341], “If the Request Type in step 1106 indicates “Existing PDU Session” or “Existing Emergency PDU Session” the SMF 700 determines that the request is due to switching between 3GPP access and non-3GPP access or due to handover from EPS. The SMF 700 identifies the existing PDU Session based on the PDU Session ID. In such a case, the SMF 700 may not create a new SM context but instead update the existing SM context and provide the representation of the updated SM context to the AMF 701 in the response.”; para. [0348], “the SMF 700 sends to AMF 701 either an Nsmf_PDUSession_CreateSMContext Response (Cause, SM Context ID or N1 SM container (PDU Session Reject (Cause))) or an Nsmf_PDUSession_UpdateSMContext Response depending on the request received in step 1106.”; para. [0455], “If the PDU Session Modification requested by the UE 102, or UDM 320, or NEF 314, or G-SMF 1006 for the UE 102 to join an MB Session is accepted, the SMF 700
may send to the AMF 701 one or more of the following information related to the MB Session: UE ID (e.g. SUPI, GPSI) to join an MB Session, MB Session ID, TMGI, UE Group ID. The AMF 701 may store the received information in an MB Session Context.”; para. [0467], “At step 1232, the (R)AN 302 may issue AN specific signalling exchange with the UE 102 that is related with the information received from SMF 700. For example, in case of a NG-RAN, an RRC Connection Reconfiguration may take place with the UE modifying the necessary (R)AN resources related to the PDU Session.”; para. [0468], “The (R)AN 302 may consider the updated CN assisted RAN parameters tuning to reconfigure the AS parameters.”; para. [0469], “At step 1232, if the (R)AN 302 received an N2 SM message from the SMF 700 or G-SMF 311, the (R)AN 302 may assign resources to serve the DL MB QoS flow(s) and/or UL QoS flow. The (R)AN 302 may assign one or more new DL tunnel (N3 DL tunnel ID (TEID)) for the UPF 304 (or G-UPF 338) to send DL MB PDUs. ... The (R)AN 302 may send to the UE 102 the N1 SM container received from the SMF 700 or G-SMF 311.”. Accordingly, the (R)AN 302 updates a binding context associated to the multicast broadcast service with the session identifier that identifies the session of the user equipment (e.g., the UE ID and the MB session ID) based on the update of the existing SM context received from the SMF, supports are found in para. [00226] [00227] [00337] [00344] [00451] [00463] [00464] [00465] of 62/911,038.).
Regarding claim 17:
As discussed above, Dao5196 teaches all limitations in claim 12.
Dao5196 further teaches wherein the access network node comprises a base station (see, Dao5196: Fig. 3, (R)AN 302) of a mobile network and/or the access network node comprises an access gateway function of a wireline network (see, Dao5196: Fig. 3; para. [0041], “UE 102, which may be similar to ED 102, forms a radio access network connection with a (Radio) Access Network ((R)AN) node 302 (which may, for example, be an gNodeB (gNB)), which is connected to a User Plane (UP) Function (UPF) 304 such as a UP Gateway over a network interface providing a defined interface such as an N3 interface.”; para. [0031], “the electronic device 102 may be an element of communications network infrastructure, such as a base station (for example a NodeB, an enhanced Node B (eNodeB), a next generation NodeB (sometimes referred to as a gNodeB or gNB)), a home subscriber server (HSS), a gateway (GW) such as a packet gateway (PGW) or a serving gateway (SGW) or various other nodes or functions within an evolved packet core (EPC) network. In other embodiments, the electronic device 102 may be a device that connects to network infrastructure over a radio interface, such as a mobile phone, smart phone or other such device that may be classified as a User Equipment (UE).”, supports are found in Fig. 3 and para. [0029] [0039] of 62/911,038.).).
Regarding claim 31:
Claim 31 recites the method performed by the apparatus of claim 12, and contains no additional limitations. Therefore, claim 31 is rejected by applying the similar rationale used to reject claim 12 above.
Regarding claim 34:
Claim 34 is directed towards the method of claim 31 that is further limited to perform the features of claim 15. Therefore, claim 34 is rejected by applying the similar rationale used to reject claim 15 above.
Regarding claim 36:
Claim 36 is directed towards the method of claim 31 that is further limited to perform the features of claim 17. Therefore, claim 36 is rejected by applying the similar rationale used to reject claim 17 above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dao5196 in view of Dao et al. (US 2019/0158985 A1, hereinafter Dao8985)
Regarding claim 7:
As discussed above, Dao5196 teaches all limitations in claim 1.
Dao5196 does not explicitly teach wherein the computer program code, when executed by the at least one processor, further causes the apparatus to select and/or configure the user plane function or the router to deliver the data of the multicast broadcast service to the access node via the N3 interface.
In the same field of endeavor, Dao8985 teaches wherein the computer program code, when executed by the at least one processor, further causes the apparatus to select and/or configure the user plane function or the router to deliver the data of the multicast broadcast service to the access node via the N3 interface (see, Dao8985: Fig. 4; Fig. 5B, step 528; para. [0117], “the SMF 310 may send a Start MB Session Request message to the UPF 304. This message may include Address(es) of (R)AN nodes 302 that join the MB Session, their UL TEID(s), and DL TEID(s) to be used for the MB Session. The message may include an instruction for the UPF 304 whether to keep or delete the (R)AN 302 information and/or whether to keep or delete the MB Session context after the UPF 304 successfully sends all the data to the (R)AN 302. The UPF 304 may send an MB Start Session Response to the SMF 310.”; para. [0113], “The SMF 310 may include UPF information (UPF Address and UL TEID) for the MB Session. ... The SMF 310 may also include DL TEID to be used by the UPF 304 to send DL packets to the (R)AN node 302.”; para. [0118], “The UPF sends the DL MB Data to the (R)AN(s) 302.”, wherein the DL packets are received by the (R)AN node via an N3 interface as shown in Fig. 4 of Dao8985.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Dao5196 in combination of the teachings of Dao8985 in order for the SMF to configure a UPF to send DL MB Data to the RAN (see, Dao8985: para. [0117-0118]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JI-HAE YEA whose telephone number is (571) 270-3310. The examiner can normally be reached on MON-FRI, 7am-3pm, ET.
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/JI-HAE YEA/Primary Examiner, Art Unit 2471