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 .
Examiner’s Note
Applicant(s) are reminded that optional or conditional elements do not narrow the claims because they can always be omitted. See e.g. MPEP §2106 II C: "Language that suggest or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. [Emphasis in original.]"; and In re Johnston, 435 F.3d 1381, 77 USPQ2d 1788, 1790 (Fed. Cir. 2006) "As a matter of linguistic precision, optional elements do not narrow the claim because they can always be omitted." In re Johnston, 435 F.3d 1381, 77 USPQ2d 1788, 1790 (Fed. Cir. 2006)(where the Federal Circuit affirmed the Board's claim construction of "further including that said wall may be smooth, corrugated, or profiled with increased dimensional proportions as pipe size is increased" since "this additional content did not narrow the scope of the claim because these limitations are stated in the permissive form 'may.'").
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 24, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 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.
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.
Claims 1, 3 – 11, and 13 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dao et al (US Patent Application Publication 2019/0223250, previously cited), and further in view of Zong et al (US Patent Application Publication 2022/0264258). Hereinafter Dao and Zong.
Regarding claim 1, Dao discloses an apparatus of an access management element or function in a mobile communication system (AMF, Fig. 6D), comprising:
at least one processor (the AMF includes at least one processor, paragraph [0337]); and
at least one memory including computer program code, wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform (the AMF includes non-transitory computer readable storable medium including software instructions configured to control the at least one processor to perform steps, paragraph [0337]):
issuing, in response to a request of broadcast session establishment from a session management element or function, one or more requests of broadcast session establishment operation to one or more radio access elements or functions (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, paragraphs [0103] – [0105]; the AMF receives request from SMF and issues request to the RAN),
issuing a response of broadcast session establishment to the session management element or function (the AMF sends the MB Session Modification Response to the SMF, paragraph [0106]; the AMF issues the response to SMF), and
providing an indication of completion of broadcast session establishment operation at the radio access elements or functions to the session management element or function upon obtaining a response of broadcast session establishment operation from all of the radio access elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session), wherein the indication of completion of broadcast session establishment operation contains a success indication indicating an extent of success of the broadcast session establishment operation at the one or more radio access elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
However, DAO does not explicitly disclose “wherein the list of indications comprises complete success, partial success, and failure.” Zong discloses “wherein the list of indications comprises complete success, partial success, and failure” as the SMF network element sends multicast session update request to the AMF network element and to the base station, and the base station sends response message to the AMF network element and to the SMF network element with indication information that indicates the multicast service is successfully updated or indication information used to indicate that the QoS flow corresponding to the multicast service of the terminal device fails to be updated (paragraphs [0200] – [0232]).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Dao and Zong before him or her, to incorporate the indication information as taught by Zong, to improve the (R)AN sending response to the AMF to forward to the SMF of Dao for the motivation of improving resource utilization (paragraph [0005] of Zong).
Regarding claim 3, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein
the success indication indicates complete success upon obtaining a response of successful broadcast session establishment operation, indicating complete success of the broadcast session establishment operation, from each of the one or more radio access elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session), or
the success indication indicates partial success upon obtaining a response of at least partially unsuccessful broadcast session establishment operation, indicating partial success or failure of the broadcast session establishment operation, from at least one of the one or more radio access elements or functions.
Regarding claim 4, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
issuing a notification of broadcast session status update to the session management element or function upon obtaining one or several responses of broadcast session establishment operation from any one of the one or several radio access elements or functions after issuance of the response of broadcast session establishment (the (R)AN node sends N2 SM MB Session Modification Response to the AMF, where the AMF forwards the N2 SM MB Session Modification Response to the SMF, paragraphs [0132] – [0133]; the N2 SM MB Session Modification Response provides update to the MB session).
Regarding claim 5, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein
the indication of completion of broadcast session establishment operation at the radio access elements or functions is included in the response of broadcast session establishment to the session management element or function or in a last notification of broadcast session status update to the session management element or function (the (R)AN node sends N2 SM MB Session Modification Response to the AMF, where the AMF forwards the N2 SM MB Session Modification Response to the SMF, paragraphs [0132] – [0133]; the N2 SM MB Session Modification Response provides update to the MB session).
Regarding claim 6, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
providing a broadcast session establishment operation result for one or more of the radio access elements or functions to the session management element or function (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
Regarding claim 7, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein
a response of broadcast session establishment operation from a radio access element or function comprises a broadcast session establishment operation result comprising information on at least one of an indication of complete success of the broadcast session establishment operation, an indication of partial success of the broadcast session establishment operation, an indication of failure of the broadcast session establishment operation, one or more tracking areas, in which the broadcast session establishment operation succeeded, partially succeeded and/or failed, and one or more cells, in which the broadcast session establishment operation succeeded, partially succeeded and/or failed (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
Regarding claim 8, Dao and Zong disclose the apparatus according to claim 1, Dao discloses wherein
the request of broadcast session establishment includes a maximum response time (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, where the message includes MB Session Information including Scheduled MB Session Start Time and/or MB Session End Time, Periodical MB Session Start Time and/or End Time, paragraph [0103]).
Regarding claim 9, Dao and Zong disclose the apparatus according to claim 8, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
starting, upon reception of the request of broadcast session establishment, a timer set to a value shorter than or equal to the value indicated by the maximum response time (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, where the message includes MB Session Information including Scheduled MB Session Start Time and/or MB Session End Time, Periodical MB Session Start Time and/or End Time, paragraph [0103]; where the timer is started when the AMF sends the N2MB Session Establishment to the (R)AN), and
issuing, in response to the expiry of the timer before obtaining a response of broadcast session establishment operation from all of the one or more radio access elements or functions, a notification of broadcast session status update to the session management element or function, which indicates failure of completion of broadcast session establishment operation at the radio access elements or functions and/or comprises a list of at least one of tracking areas, one or more cells or one or more identifiers of radio access elements or functions for which the broadcast session establishment operation did not complete (the ED sends message such as N1 MM paging response message to the AMF to confirm the MB Session establishment or modification or release, where the message is sent to the (R)AN that forwards the message to the AMF, and the AMF sends the message to the SMF after a timer in the AMF is expired, paragraphs [0176] – [0178]).
Regarding claim 10, Dao discloses an apparatus of a session management element or function in a mobile communication system (SMF, Fig. 6D), the apparatus comprising:
at least one processor (the electronic device includes at least one processor, where the electronic device further includes a non-transitory computer readable storable medium including software instructions configured to control the at least one processor to implement any of the methods and network functions described herein, paragraph [0338]); and
at least one memory including computer program code, wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform (the electronic device includes at least one processor, where the electronic device further includes a non-transitory computer readable storable medium including software instructions configured to control the at least one processor to implement any of the methods and network functions described herein, paragraph [0338]):
issuing one or more requests of broadcast session establishment to one or more access management elements or functions (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, paragraphs [0103] – [0105]; the SMF issues request to the AMF),
obtaining a response of broadcast session establishment from each of the one or more access management elements or functions (the AMF sends the MB Session Modification Response to the SMF, paragraph [0106]; the SMF obtains the response from AMF), and
obtaining an indication of completion of broadcast session establishment operation from one or more of the access management elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the SMF obtains the indication that the RAN has completed establishing the session with the AMF), wherein the indication of completion of broadcast session establishment operation contains a success indication indicating an extent of success of the broadcast session establishment operation at one or more radio access elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the SMF obtains the indication that the RAN has completed establishing the session with the AMF).
However, DAO does not explicitly disclose “wherein the list of indications comprises complete success, partial success, and failure.” Zong discloses “wherein the list of indications comprises complete success, partial success, and failure” as the SMF network element sends multicast session update request to the AMF network element and to the base station, and the base station sends response message to the AMF network element and to the SMF network element with indication information that indicates the multicast service is successfully updated or indication information used to indicate that the QoS flow corresponding to the multicast service of the terminal device fails to be updated (paragraphs [0200] – [0232]).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Dao and Zong before him or her, to incorporate the indication information as taught by Zong, to improve the (R)AN sending response to the AMF to forward to the SMF of Dao for the motivation of improving resource utilization (paragraph [0005] of Zong).
Regarding claim 11, Dao and Zong disclose the apparatus according to claim 10, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
determining overall completion of the broadcast session establishment based on the received indications of completion of broadcast session establishment operation from the one or more of the access management elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]), and
issuing a status notification about completion of the broadcast session establishment to another network element or function upon determination of the overall completion of the broadcast session establishment (the SMF sends MB Session Modification Response or Notifications to the NEF, paragraph [0197]).
Regarding claim 13, Dao and Zong disclose the apparatus according to claim 10, Dao discloses wherein
the success indication indicates complete success of successful broadcast session establishment operation, including complete success of the broadcast session establishment operation, at each of the one or more radio access elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session), or
the success indication indicates partial success of broadcast session establishment operation, including partial success or failure of the broadcast session establishment operation, at least one of the one or more radio access elements or functions.
Regarding claim 14, Dao and Zong disclose the apparatus according to claim 10, Dao discloses wherein
the indication of completion of broadcast session establishment operation is included in the response of broadcast session establishment or in a last notification of broadcast session status update to the session management element or function (the (R)AN node sends N2 SM MB Session Modification Response to the AMF, where the AMF forwards the N2 SM MB Session Modification Response to the SMF, paragraphs [0132] – [0133]; the N2 SM MB Session Modification Response provides update to the MB session).
Regarding claim 15, Dao and Zong disclose the apparatus according to claim 11, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
determining an overall result of the broadcast session establishment operation based on the results of the broadcast session establishment operation reported by the one or more access management elements or functions (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session), and
denoting, in the status notification about completion of the broadcast session establishment, the overall result of the broadcast session establishment operation, wherein the overall result of the broadcast session establishment operation can be a successful, partially successful or failed establishment of the broadcast session (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
Regarding claim 16, Dao and Zong disclose the apparatus according to claim 10, Dao discloses wherein
the request of broadcast session establishment to one or more access management elements or functions includes a maximum response time (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, where the message includes MB Session Information including Scheduled MB Session Start Time and/or MB Session End Time, Periodical MB Session Start Time and/or End Time, paragraph [0103]).
Regarding claim 17, Dao and Zong disclose the apparatus according to claim 10, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
monitoring conditions affecting delivery of the broadcast session, based on the broadcast session establishment operation result for one or more of radio access elements or functions (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, where the message includes MB Session Information including Scheduled MB Session Start Time and/or MB Session End Time, Periodical MB Session Start Time and/or End Time, paragraph [0103]; where the timer is started when the AMF sends the N2MB Session Establishment to the (R)AN), and
issuing a status notification of the broadcast session, denoting the monitored conditions affecting delivery of the broadcast session, to a subscriber element or function subscribing status indication (the ED sends message such as N1 MM paging response message to the AMF to confirm the MB Session establishment or modification or release, where the message is sent to the (R)AN that forwards the message to the AMF, and the AMF sends the message to the SMF after a timer in the AMF is expired, paragraphs [0176] – [0178]).
Regarding claim 18, Dao discloses an apparatus of a radio access element or function in a mobile communication system ((R)AN node, Fig. 6D), the apparatus comprising:
at least one processor (the (R)AN node includes at least one processor, paragraph [0336]); and
at least one memory including computer program code, wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform (the (R)AN node includes a non-transitory computer readable storable medium including software instructions configured to control the at least one processor to perform steps, paragraph [0336]):
obtaining a request of broadcast session establishment operation from an access management element or function (the SMF sends an N11 MB (multicast/broadcast) Session Message to the AMF, where the new (R)AN node is to be added to the MB session, and the AMF sends N2 MB Session Establishment Request that includes the N11 MB Session Message to (R)AN, paragraphs [0103] – [0105]; the RAN obtains the request from the AMF),
performing the requested broadcast session establishment operation in a tracking area and one or more cells being served by the radio access element or function (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session), and
issuing a response of broadcast session establishment operation to the access management element or function when the broadcast session establishment operation is completed, wherein the response is a response of successful broadcast session establishment operation when the broadcast session establishment operation is successful in at least one of the tracking area and the one or more cells (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the RAN issues the response to the AMF to provide the indication that the RAN has completed establishing the session).
However, DAO does not explicitly disclose “the response is a response of broadcast session establishment operation failure when the broadcast session establishment is successful in none of the tracking areas and the one or more cells.” Zong discloses “the response is a response of broadcast session establishment operation failure when the broadcast session establishment is successful in none of the tracking areas and the one or more cells” as the SMF network element sends multicast session update request to the AMF network element and to the base station, and the base station sends response message to the AMF network element and to the SMF network element with indication information used to indicate that the QoS flow corresponding to the multicast service of the terminal device fails to be updated (paragraphs [0200] – [0232]).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Dao and Zong before him or her, to incorporate the indication information as taught by Zong, to improve the (R)AN sending response to the AMF to forward to the SMF of Dao for the motivation of improving resource utilization (paragraph [0005] of Zong).
Regarding claim 19, Dao and Zong disclose the apparatus according to claim 18, Dao discloses wherein the at least one memory and the computer program code, with the at least one processor, are configured to cause the apparatus to perform:
providing a broadcast session establishment operation result to the access management element or function (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
Regarding claim 20, Dao and Zong disclose the apparatus according to claim 19, Dao discloses wherein
the broadcast session establishment operation result comprises information on at least one of the tracking area and the one or more cells, in which the broadcast session establishment operation succeeded and/or failed (the (R)AN sends the N2 SM MB Session Establishment Response to the AMF, where the AMF forwards the SM MB Session Establishment Response to the SMF, paragraph [0106]; the AMF issues the response to provide the indication that the RAN has completed establishing the session).
Response to Arguments
Applicant’s arguments, see pages 9 – 13, filed on September 17, 2025, with respect to claims 1, 3 – 11, and 13 – 20 have been considered but are moot in view of new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KIM et al (US Patent Application Publication 2009/0190518) – the ASN_GW transmits a session modification response (Session_Mod_Rsp) message to the MCBCS server upon receipt of the MBS path modification response message from the corresponding BSs, where the session modification response message includes at least one of an MBS zone ID, corresponding MCIDs, information about a success or failure of parameter change for each broadcast channel, and detailed information about a parameter change failure
LI et al (US Patent Application Publication 2018/0255435) – the base station receives MBMS Session Start message sent by the MCE, and the base station sends MBMS Session Start Response message with the identifiers of cells which are successfully started and/or identifiers of cells which fail to be started
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAI J CHANG whose telephone number is (571)270-5448. The examiner can normally be reached Monday - Friday, 10AM-6PM EST.
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/Kai Chang/Examiner, Art Unit 2468
/Thomas R Cairns/Primary Examiner, Art Unit 2468