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 .
Priority
The instant application filed to the 371 of PCT/US2021/033733 05/21/2021, claims priority to Provisional 63/028,231 filed 05/21/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted, IDS - 03/15/2023 and 08/04/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination (RCE)
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has been withdrawn pursuant to 37 CFR 1.114.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
07/06/2026 entered.
Response to Amendment
The amendment filed 07/06/2026 has been entered. Claims 1, 3, 6, 9-11, and 15 remain pending in the application. Claims 1, 6, 9 and 10 were amended. Claims 2, 4-5, 7-8, 12-14 and 16-18 were cancelled.
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)(1) the claimed invention was patented, described in a printed publication, or
in public use, on sale or otherwise available to the public before the effective
filing date of the claimed invention.
(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, 6, 9-11, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dao et al. (US-20210105196-A1, Identical disclosure available in Provisional and similar diagram, 62911038 Dt: 10/04/2019) hereinafter “Dao”.
Regarding Claim 1,
Dao discloses, ‘A method performed by a wireless transmit/receive unit (WTRU) for suspending reception of a multimedia broadcast/ multicast service (MBMS), the method comprising: receiving a MBMS packets via a unicast PDU session in a unicast delivery mode;’
Disclosure, Fig. 5 illustrates the switch between from a unicast to a MBMS delivery procedure. Step 500, the UE established unicast PDU session with the AS served by the AMF/SMF [0062-0063](prov. [0059-0062]). A UE is receiving unicast PDU-session. Step-568 of Fig. 6 similar to step-560 of Fig. 5 [0078] (prov. [0075]). Deactivation the PDU-session-flows [0089], prov. [0086], Fig. 6. And, Fig. 7, the PDU session modification procedure initiated by the UE that is the UE initiated PDU session modification procedure, the PDU session modification request includes packet filters (add/modify/delete/deactivate), requested QoS flow [0095-0099] and prov. [0095-0099]; Switch from the unicast to the MBMS triggered by the UE. Fig. 7A and 7B illustrates procedures.
The UE or NEF request for the release of network resources to support for QoS flows the SMF 700 may send an N4 Session Modification request to the UPF 304 to release all information of QoS flow(s), such as packet filters in the PDR(s) and packet FAR [0153]. Therefore, the Packet filters, specific session ID, the release of resources for QoS flows are the procedures to stop/suspend the reception in unicast delivery and switch to the MBMS delivery [0073, 0076, 0099].
[0097] A UE initiated session modification procedure at step 702, a NAS message, Fig. 7A and 7B (prov. [0095]). AMF invoke PDU session update request to SMF step 704 [0098]. The SMF serves the unicast PDU session of the UE as per 3GPP, 5G-SMF CN [0108-109], prov. [0106-0107].
Fig. 5, step 510, the UE receives the unicast PDU session and step 520 AF decides to use MB session [0067].
The UE 102 may request the network to add, delete or deactivate packet filters of QoS flow [0100-0102]. And, the UE switches from EPS to 5GS, the UE includes packet switch status always-on in the PDU session modification request.
DAO discloses, in Fig. 5 step 550 unicast PDU session to notify the UEs about the MB session [0071].
And disclose, ‘determining to deactivate the unicast delivery mode for the MBMS based on at least one of (i) the WTRU moving to an area that supports multicast /broadcast delivery mode for the MBMS or (ii) receipt, by the WTRU, of an indication from an application layer to deactivate the unicast delivery mode;’ (In Fig. 5 illustrates switching from a unicast to MB-delivery [0062] (prov. [0059]). And, determination for the switching delivery method to the AF and whether is the UE out of MB-service area and deactivate-flows of unicast-session [0091-0094] (prov. [0088-0090]). )
And discloses, ‘based on a determination to deactivate the unicast delivery mode, transmitting, to a session management function (SMF), a session managementIP packet filter, wherein the PDU-session suspend indication indicates suspending unicast delivery, in the unicast PDU session, of MBMS packets
by causing the SMF to send, to a user plane function (UPF) associated with the unicast PDU session, an N4 session modification request that includes the PDU-session suspend indication and the MBMS information and causes the UPF to discard the MBMS packets identified by the MBMS information’;
Regarding determination to deactivate/stop the unicast delivery mode, the UE initiates the PDU session modification procedure and the requests includes QoS flow (add, delete or deactivate) on the indicated packet filters [0099], prov. [0097] to switch from a unicast to the MBMS delivery [0080, 0230], prov. [0077, 0226]. N4 modification SMF[Wingdings font/0xE0] UPF includes flows and packet-filter in Fig. 7A/7B step-720/740 [0151, 0162], prov. [0148, 0158-0159]. PDU-session-modification Includes session-id and packet-filter [0158, 0162], prov. [0155, 0159].
[0097] A UE initiated session modification procedure at step 702, a NAS message, Fig. 7A and 7B (prov. [0095]). AMF invoke PDU session update request to SMF step 704 [0098]. SMF, unicast PDU session of the UE, 3GPP 5G-SMF CN [0108-109]. Therefore, when AMF receives PDU session modification request from the UE, the AMF sends to SMF/CPF. Disclosure in Fig. 3 illustrates 5G architecture signaling procedure: lateral connectivity, UE[Wingdings font/0xE0] RAN[Wingdings font/0xE0] UPF for UPF and UE[Wingdings font/0xE0] RAN[Wingdings font/0xE0] CPF, SMF to AMF, to the UE, and connectivity between the UE to AMF at upper layers. Equally applicable to RAN.
Switch between the unicast to the MBMS delivery and stop unicast PDU session the UE can include: to identify the QoS flow, IP address and packet filters (include IP packet filters) of the QoS flow [0073, 0076] (prov. [0070, 0073]).
At step 704 and 706, AF sends to SMF session identifier. Further, an indication to Deactivate Network Resources [0112-0113]. Disclosure includes comprehensive steps of session modification in Fig. 7A and Fig. 7B (prov. [0109] to [0111]).
The suspend unicast delivery to switch the MBMS delivery by packet filter add/delete/modify and the QoS flow identification of the unicast PDU session. And, IP address and packet filters [0073, 0076, 0099], prov. [0070, 0073, 0097].
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Dao discloses, ‘receiving from the SMF, a PDU session modification command indicating that unicast delivery of the MBMS packets identified by the MBMS information has been suspended;’ (Fig. 5 is a procedure for switch between the unicast and the MBMS delivery. While the UE has the unicast PDU session served by AMF/SMF can be initiated by the UE. The OAM configure the CPF: AMF, SMF, NFs to serve all unicast PDU session and/or MB sessions. The NFs could be either one or any combinations of NFs. The SMF and Group-SMF to perform the group communication can be identical or different instance [0062-0065]. To switch between from the unicast to the MB session and to identify the MB flow, session, packet filter that is to added/discontinued [0068-0073], prov. [0065-0070].
The session establishment determination performed by the SMF and session request accepted grant status always-on can be indicated by the SMF to the UE and in addition includes MB session ID and/or TMGI so that the UE informed that session is being established. And, the PDU establishment accept include QoS flows [0381-0382]. In Fig. 11 illustrates at step 1146 the SMF sends to UE via UPF IP configuration [0413];
Fig. 12 illustrates the session modification request procedure: initiates by the UE and the SMF receives from the UE via AMF; update QoS flow trigger; PDU session update status notification between the SMF and the AMF; the session modification ack; In addition, add/modify the QoS flow, packet filter of flows and PDU session and IP multicast [0438-0439]);
Dao discloses, ‘and receiving, in a multicast delivery mode, the MBMS packets identified the MBMS information’ (Disclosure Fig. 5 includes, switch from the unicast to the MBMS delivery and received MB session packets [0073, 0076, 0094], prov. [0065-0070]. In addition, both Fig. 5 and Fig. 6 perform the PDU session medication procedure. And, Fig. 7 step 758 MB session response and confirm the execution).
Regarding Claim 3,
‘method of claim 1’ (disclosed above),
Dao discloses, ‘further comprising: receiving, from the SMF, in response to the PDU session modification request, a radio access network (RAN) resource release message’;
Disclosed above in claim 1, receiving the SMF to the PDU session modification request. In addition, the RAN resource release message in response to the PDU session modification to switch to the MBMS delivery as illustrated in Fig. 5 and Fig. 7 that include the release resources [0094-0095, 0153], prov. [0090-0091, 0150]. As disclosed above in claim 1, receive from the SMF and the SMF perform release associated with NEF [0074-0076], prov [0070-0072].
Regarding Claim 6,
DAO discloses, ‘A method performed by a session management function (SMF) for suspending reception of a multimedia broadcast multicast service (MBMS), the method comprising: receiving, from a wireless transmit/receive unit (WTRU), in a session management function non-access stratum (NAS) message, a PDU session modification request that includes (i) a PDU session suspend indication wherein the PDU session suspend indication indicates suspending unicast delivery, in the unicast PDU session, of MBMS packets identified by the MBMS information’ (The PDU modification request similar to claim 1 disclosed above. Regarding, performed by the SMF disclosure,
A method performed by a SMF includes, receiving a request from a network exposure function (NEF) for modifying the session-PDU for a UE to switch between unicast-MB; includes deactivate-flows/resources; N4-modification disclosure claim 1 to 3 and 5 (prov. disclosure claim 1-3, 5). The SMF send to NF to implement the network resource modification and release step-580 [0073-0074], prov. [0065-0070], Fig. 5. At step 580 SMF perform the PDU session modification and send instructions to other network functions to implement the modification [0090-0091], prov. [0089-0091]. Switching from the unicast to MB triggered by the UE [0095] (prov. 91). Indicates QoS-flow and release resources, IP-address and packet filter [0089] (prov. [0086]).
Fig. 7 illustrates the procedure for the PDU session modification request. The SMF serves the PDU session and perform the modification updates procedure [0108-0109, 0114, 0116, 0120], prov. [0106-0107, 0111, 0113, 0115]. The QoS flow mapped and the QoS flow/QFI stopped [0121], prov. [0118] for the PDU session in unicast and start for the MBMS delivery based on the identification [0073], prov. [0070]. The NEF sends Nsmf_PDUSession_Update_SM-Context request to the SMF to release resources and the QoS flows [0112-0113], prov. [0111-0113]. And, Fig. 7 at step 758, the SMF send the confirmation/ execution to NEF [0168], prov. [0165].)
Dao discloses, ‘and in response to receiving the PDU session modification request, transmitting, to a user plane function (UPF) associated with the unicast PDU session, [[a]] an N4 session modification request that includes the PDU session suspend indication and the MBMS information and causes the UPF to discard MBMS packets identified by the MBMS information for the unicast PDU session ;
Dao discloses, ‘receiving a modification response from the UPF’ (Fig. 7A and 7B, medication response [0151], prov. [0148] and step 740/742);
And discloses, ‘transmitting to the WTRU, a PDU session modification command indicating that unicast delivery of the MBMS packets identified by the MBMS information has been suspended
(Continuation of Fig. 7A and 7B, session-modification performed by the SMF, deactivate/release one or more QoS flows that includes: QoS flows packet filters, PDR and packet FAR. If the UE 102 or NEF 314 request is for the deactivation of network resources assigned to support one or more QoS flows, the SMF 700 may send an N4 Session Modification request to the UPF 304 to release FAR(s) associated with the deactivated QoS flows. The PDR in the UPF 304 may still have packet filters of the deactivated QoS flow(s). For the deactivated QoS flows, the UPF 304 may be able to detect the packets and the UE ack the PDU session modification [0153-0154, 0158], prov. [0151-0158]).
Similar to Claim 1 disclosed above second claim element, ‘wherein the PDU session modification request is transmitted by the WTRU based on a determination to deactivate a unicast delivery mode for the MBMS based on at least one of (i) the WTRU moving to an area that supports multicast/broadcast delivery mode for the MBMS or (ii) receipt, by the WTRU, of an indication from an application layer to deactivate the unicast delivery mode’.
Regarding Claim 9,
‘method of claim 6’ (disclosed above),
Dao discloses, ‘wherein transmitting the N4 session modification request to the UPF comprises, based on a location of the WTRU, notifying the UPF to discard MBMS packets identified by the MBMS information for the unicast PDU session
As part of switch between the unicast and the MBMS delivery, request location information to use the new delivery method. Include QoS flow, packet filters [0080, 0081, 0113]. From unicast-MB [0095], prov. [0091] and UE-PDU-session modification includes UE-location [0097], prov. [0095]. And, the SMF configure UPF and perform the PDU session modification procedure. The UPF detects and monitor packets flows to deactivate QoS flows, identify QFI, QoS flows [0114-0118]. The PDU modification procedure includes: out of MB session coverage area location [0090-0091] (prov. [0087-0089]).
Regarding Claim 10,
‘A wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor; wherein the transceiver and processor are configured to:’ (Dao discloses transmitter, receiver and processor and see Fig. 1, 2 and Fig. 3 and [0031] (provisional [0029]). The UE-PDU-session-request in Fig. 11 step-1102 and response from the RAN step-1130, connection-reconfiguration [0386-0387], prov. [0383] and configuration [0311], prov. [0307 ),
Similar to Claim 1 disclosed above and only inclusion of the SMF NAS disclosed by Dao Fig. 7, [0140-0143], prov. [0140-0143] ‘receive multimedia broadcast multicast service (MBMS) packets via a unicast session in a unicast delivery mode;
determining to deactivate the unicast delivery mode for the MBMS based on at least one of (i) the WTRU moving to an area that supports multicast/broadcast delivery mode for the MBMS or (ii) receipt, by the WTRU, of an indication from an application layer to deactivate the unicast delivery mode;
based on the determination to deactivate the unicast delivery mode,
transmit, to a session management function (SMF), in a session management non-access stratus (NAS) message, a PDU session modification request including: (i) a PDU session suspend indication and (ii) MBMS information that identifies MBMS packets in the unicast PDU session to be suspended, the MBMS information including at least one of a multicast IP address or an IP packet filter wherein the PDU-session suspend indication indicates suspending unicast delivery, in the unicast PDU session, of MBMS packets identified by by causing the SMF to send, to a user plane function (UPF) associated with the unicast PDU session, an N4 session modification request that includes the PDU-session suspend indication and the MBMS information and causes the UPF to discard the MBMS packets identified by the MBMS information; and receive, from the SMF, a PDU session modification command indicating that unicast delivery of the MBMS packets identified by the MBMS information has been suspended; and receive, in a multicast delivery mode, the MBMS packets identified by the MBMS information.
Regarding Claim 11,
‘WTRU of claim 10’ (disclosed above), ‘wherein the transceiver and processor are further configured to’ (disclosed above in Claim 10),
Similar to Claim 3 disclosed above, ‘further comprising: receiving, from the SMF, in response to the PDU session modification request, a radio access network (RAN) resource release message’.
Regarding Claim 15,
‘method of claim 6’ (disclosed above),
Dao discloses, ‘wherein the modification response is an N4 modification response.’ (step 720, 722, 740, 742/752 and 754 Fig. 7A and Fig. 7B identical disclosure available in prov.)
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Arguments and Examiners response,
With respect to applicant’s arguments/remarks, examiner responses are,
Regarding the applicant argument 35 USC 102 rejections, page-1, prior art presented DAO, “does not disclose a WTRU determining to deactivate unicast delivery mode for MBMS and, based on that WTRU determination, transmitting to the SMF, in a session management NAS message, a PDU session modification request that includes both the claimed PDU-session suspend indication and the claimed MBMS information”, and “where the MBMS information includes at least one of a multicast IP address or an IP packet filter and identifies the MBMS packets to be suspended…”. Examiner responses in light of the relevant and specific disclosures,
DAO, Fig. 5 to 7 illustrates the PDU-session-modification includes NAS [0158] and proceed update procedures to switch between unicast-MB [0095], prov. [0090-0091]. Performed update N4-session of UPF associated to the PDU-session-identifier and packet-filter [0162], prov [0159]. And, UPF-response-to-session-modification [0163].
Regarding the applicant argument 35 USC 102 rejections, page-3, “Claim 6 recites the corresponding SMF-side method and is not anticipated for the same reasons…”, examiner respectfully disagree in view of relevant disclosures of presented prior art DAO,
SMF-method to switch between the unicast-MB deactivate-flows/resources includes N4-session-modification to UPF disclosure claim 1-3 and 5, prov. claim 1-3 and 5. The implementation can be by UE-initiated [0097], RAN/BS-initiated [0121] and SMF/NW-entity. DAO intent to support session and service continuity and therefore exemplified switching procedures between the unicast and the MB [0185].
Regarding the applicant argument 35 USC 102 rejections, page-3, “Claim 10 recites corresponding WTRU apparatus limitations. For the same reasons…”, “Dao does not disclose a WTRU configured to perform the claimed WTRU-side determination, to transmit the claimed NAS…” and “modification request including both the suspend indication…”, examiner respectfully disagree, not persuasive and relevant disclosure in page-13 above.
Regarding the applicant argument 35 USC 102 rejections, page-3, “Claim 9 is not anticipated. DAO disclosures…”, examiner provided relevant disclosure of DAO in page-12 above.
Regarding the applicant argument 35 USC 102 rejections, page-3, “Claims 3, 11, and 15 are allowable at least because they depend from allowable independent claims. Even if Dao discloses generic RAN resource release messages or N4 modification responses…”, examiner presented disclosures regarding the rejections of independent Claims, page-4 to page-14 above.
Examiner thanks applicant and attorney for their time and effort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure:
3GPP TS 23.468 “3GPP TS 23.468 V15.1.0; 3GPP Technical Specification Group Services and System Aspects; Group Communication System Enablers for LTE (GCSE_LTE)”; Regarding the claim subject matters, the disclosure presented from the Dao are reinforced by the 3GPP TS 23.468; Disclosure provides MBMS/Unicast delivery, switches between Unicast delivery and MBMS-mode for service continuity procedures are determined, performed and executed by UE, make-before-break-flows. (page 22 [0027-0029] and page 23 Fig. 5.3.2-1) see section 4.4, and 4.4.1 to 4.4.3; What is claimed as suspend indication, was presented above from the Disclosure of DAO and further conformed by the 3GPP tech spec, stop unicast flow and Switch from Unicast Delivery to MBMS Delivery in step 6, Fig. 5.3.2-1. UE notifies GCSE application server or stop sending unicast flow and then switches (page 23 section 5.3). The Modification procedures for the MBMS delivery specify the flow ID, page 18 to 20, Figure 5.1.2.3.2-1 to 2-3. Disclosure includes packet flow, IP address parameters to provide switch delivery.
3GPP TS 23.501 v16.2.0 (2019-09) Title: “3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; System Architecture for the 5G System (5GS); Stage 2 (Release 16)”;
Dao et al (US-11483680-B2), “Method and system for multicast and broadcast services”.
Speicher et al. (US11870599B2) “MIXED MODE MULTICASTARCHITECTURE”.
Chandramouli et al. (US-11071089-B2): “Dynamic switching of streaming service between broadcast and unicast delivery”.
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/S.A./Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
