Prosecution Insights
Last updated: April 17, 2026
Application No. 17/982,935

COMMUNICATION METHOD AND APPARATUS, AND STORAGE MEDIUM

Final Rejection §102
Filed
Nov 08, 2022
Examiner
CHANG, KAI J
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
299 granted / 408 resolved
+15.3% vs TC avg
Strong +41% interview lift
Without
With
+40.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
14 currently pending
Career history
422
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
62.9%
+22.9% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 408 resolved cases

Office Action

§102
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.'"). 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 (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. 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 – 14, and 21 – 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Griot et al (US Patent Application Publication 2021/0352444, previously presented). Hereinafter Griot. Regarding claim 1, Griot discloses a communication method, comprising: determining, by a target access network device or a chip in a target access network device (the network computing device (i.e. base station) includes processor coupled to memory that store software applications and instructions, where the processor executes the instructions, paragraphs [0159], [0162], [0163]), first radio bearer configuration information and second radio bearer configuration information of a terminal device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), wherein the first radio bearer configuration information is to be used by the terminal device to receive first multicast/broadcast service data that is transmitted in an air interface unicast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), and the second radio bearer configuration information is to be used by the terminal device to receive second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); sending, by the target access network device or the chip in the target access network device, the first radio bearer configuration information and the second radio bearer configuration information to the terminal through a source access network device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, and the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]). Regarding claim 2, Griot discloses the method according to claim 1, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 3, Griot discloses the method according to claim 1, wherein the method further comprises: receiving, by the target access network device or the chip in the target access network device, the first multicast/broadcast service data from the source access network device (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraph [0155]). Regarding claim 4, Griot discloses the method according to claim 1, wherein the method further comprises: receiving, by the target access network device or the chip in the target access network device, the first multicast/broadcast service data from the source access network device through a forwarding tunnel corresponding to a first multicast/broadcast session of the terminal device, where the first multicast/broadcast session corresponds to a multicast/broadcast service (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraphs [0155], [0156]; where the wireless device is served via shared tunnel/radio resources for MBS context when the wireless device camps on base station supporting MBS, paragraph [0114]; the target gNB receives the multicast/broadcast data from the source gNB via the forwarding tunnel). Regarding claim 5, Griot discloses the method according to claim 1, wherein the method further comprises: sending, by the target access network device or the chip in the target access network device, the first multicast/broadcast service data in the air interface unicast mode to the terminal device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS QoS flow and provides the wireless device with the unicast QoS flow, paragraph [0156]); and sending, by the target access network device or the chip in the target access network device, the second multicast/broadcast service data in the air interface multicast/broadcast mode to the terminal device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS delivery after the last unicast packet delivery, paragraph [0156]). Regarding claim 6, Griot discloses a communication method, comprising: receiving, by a terminal device or the chip in a terminal device, first radio bearer configuration information and second radio bearer configuration information of the terminal device or the chip in the terminal device from a source access network device (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraph [0155]); receiving, by the terminal device or the chip in the terminal device using the first radio bearer configuration information, first multicast/broadcast service data that is transmitted in an air interface unicast mode from a target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS QoS flow and provides the wireless device with the unicast QoS flow, paragraph [0156]); and receiving, by the terminal device or the chip in the terminal device using the second radio bearer configuration information, second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS delivery after the last unicast packet delivery, paragraph [0156]). Regarding claim 7, Griot discloses the method according to claim 6, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 8, Griot discloses a communication apparatus (network computing device, Fig. 14), comprising: a transceiver (the network computing device includes antennas for sending and receiving wireless communication, paragraphs [0159], [0162], [0163]); at least one processor (the network computing device includes processor, paragraphs [0159], [0162], [0163]); and one or more memories coupled to the at least one processor and storing programming instructions executable by the at least one processor to cause the communication apparatus to (the network computing device includes processor coupled to memory that store software applications and instructions, where the processor executes the instructions, paragraphs [0159], [0162], [0163]): determine first radio bearer configuration information and second radio bearer configuration information of a terminal device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), wherein the first radio bearer configuration information is to be used by the terminal device to receive first multicast/broadcast service data that is transmitted in an air interface unicast mode from the communication apparatus (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), and the second radio bearer configuration information is to be used by the terminal device to receive second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the communication apparatus (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); and send the first radio bearer configuration information and the second radio bearer configuration information to the terminal device through a source access network device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]). Regarding claim 9, Griot discloses the communication apparatus according to claim 8, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 10, Griot discloses the communication apparatus according to claim 8, wherein the programming instructions are executable by the at least one processor to further cause the communication apparatus to: receive the first multicast/broadcast service data from the source access network device (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraph [0155]). Regarding claim 11, Griot discloses the communication apparatus according to claim 8, wherein the programming instructions are executable by the at least one processor to further cause the communication apparatus to: receive the first multicast/broadcast service data from the source access network device through a forwarding tunnel corresponding to a first multicast/broadcast session of the terminal device, wherein the first multicast/broadcast session corresponds to a multicast/broadcast service (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraphs [0155], [0156]; where the wireless device is served via shared tunnel/radio resources for MBS context when the wireless device camps on base station supporting MBS, paragraph [0114]; the target gNB receives the multicast/broadcast data from the source gNB via the forwarding tunnel). Regarding claim 12, Griot discloses the communication apparatus according to claim 8, wherein the programming instructions are executable by the at least one processor to further cause the communication apparatus to: send the first multicast/broadcast service data in the air interface unicast mode to the terminal device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS QoS flow and provides the wireless device with the unicast QoS flow, paragraph [0156]), and send the second multicast/broadcast service data in the air interface multicast/broadcast mode to the terminal device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the target gNB starts the MBS delivery after the last unicast packet delivery, paragraph [0156]). Regarding claim 13, Griot discloses a communication apparatus (network computing device, Fig. 14), comprising: a transceiver (the network computing device includes antennas for sending and receiving wireless communication, paragraphs [0159], [0162], [0163]); at least one processor (the network computing device includes processor, paragraphs [0159], [0162], [0163]); and one or more memories coupled to the at least one processor and storing programming instructions for execution by the at least one processor to cause the communication apparatus to (the network computing device includes processor coupled to memory that store software applications and instructions, where the processor executes the instructions, paragraphs [0159], [0162], [0163]): receive first radio bearer configuration information and second radio bearer configuration information of the communication apparatus from a source access network device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); receive, by using the first radio bearer configuration information, first multicast/broadcast service data that is transmitted in an air interface unicast mode from a target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083];the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); and receive, by using the second radio bearer configuration information, second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083];the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]). Regarding claim 14, Griot discloses the communication apparatus according to claim 13, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 21, Griot discloses a communication method, comprising: receiving, by a source access network device or a chip in a source access network device (the network computing device (i.e. base station) includes processor coupled to memory that store software applications and instructions, where the processor executes the instructions, paragraphs [0159], [0162], [0163]), first radio bearer configuration information and second radio bearer configuration information from a target access network device (the source gNB receives the response from the target gNB, where the response indicates whether the target gNB supports MBS based on the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, paragraph [0155]), wherein the first radio bearer configuration information is to be used by a terminal device to receive first multicast/broadcast service data that is transmitted in an air interface unicast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), and the second radio bearer configuration information is to be used by the terminal device to receive second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); and sending, by the source access network device or the chip in the source access network device, the first radio bearer configuration information and the second radio bearer configuration information to the terminal device (the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]; the source gNB sends the data radio bearer information to the wireless device). Regarding claim 22, Griot discloses the method according to claim 21, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 23, Griot discloses the method according to claim 21, wherein the method further comprises: sending, by the source access network device or the chip in the source access network device, the first multicast/broadcast service data to the target access network device (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraph [0155]). Regarding claim 24, Griot discloses the method according to claim 21, wherein the method further comprises: sending, by the source access network device or the chip in the source access network device, the first multicast/broadcast service data to the target access network device through a forwarding tunnel corresponding to a first multicast/broadcast session of the terminal device, wherein the first multicast/broadcast session corresponds to a multicast/broadcast service (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraphs [0155], [0156]; where the wireless device is served via shared tunnel/radio resources for MBS context when the wireless device camps on base station supporting MBS, paragraph [0114]; the wireless device receives the multicast/broadcast data from the source gNB via the forwarding tunnel). Regarding claim 25, Griot discloses a communication apparatus (network computing device, Fig. 14), comprising: a transceiver (the network computing device includes antennas for sending and receiving wireless communication, paragraphs [0159], [0162], [0163]); at least one processor (the network computing device includes processor, paragraphs [0159], [0162], [0163]); and one or more memories coupled to the at least one processor and storing programming instructions executable by the at least one processor to cause the communication apparatus to (the network computing device includes processor coupled to memory that store software applications and instructions, where the processor executes the instructions, paragraphs [0159], [0162], [0163]): receive first radio bearer configuration information and second radio bearer configuration information from a target access network device (the source gNB receives the response from the target gNB, where the response indicates whether the target gNB supports MBS based on the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, paragraph [0155]), wherein the first radio bearer configuration information is to be used by a terminal device to receive first multicast/broadcast service data that is transmitted in an air interface unicast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), and the second radio bearer configuration information is to be used by the terminal device to receive second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); and send the first radio bearer configuration information and the second radio bearer configuration information to the terminal device (the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]; the source gNB sends the data radio bearer information to the wireless device). Regarding claim 26, Griot discloses the communication apparatus according to claim 25, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same- source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Regarding claim 27, Griot discloses the communication apparatus according to claim 25, wherein the programming instructions are executable by the at least one processor to further cause the communication apparatus to: send the first multicast/broadcast service data to the target access network device (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraph [0155]). Regarding claim 28, Griot discloses the communication apparatus according to claim 25, wherein the programming instructions are executable by the at least one processor to further cause the communication apparatus to: send the first multicast/broadcast service data to the target access network device through a forwarding tunnel corresponding to a first multicast/broadcast session of the terminal device, wherein the first multicast/broadcast session corresponds to a multicast/broadcast service (the source gNB forwards the MB data to the target gNB while the mobility event is occurring, paragraphs [0155], [0156]; where the wireless device is served via shared tunnel/radio resources for MBS context when the wireless device camps on base station supporting MBS, paragraph [0114]; the wireless device receives the multicast/broadcast data from the source gNB via the forwarding tunnel). Regarding claim 29, Griot discloses a communication system (devices in Fig. 11), comprising: a target access network device or a chip in a target access network device (target gNB, Fig. 11; the network computing device (i.e. target base station) includes processor, paragraphs [0159], [0162], [0163]); a source access network device or a chip in a source access network device (source gNB, Fig. 11; the network computing device (i.e. source base station) includes processor, paragraphs [0159], [0162], [0163]); and a terminal device or a chip in a terminal device (UE, Fig. 11; wireless device includes one or more processors, paragraph [0160]); wherein the target access network device or the chip in the target access network device is configured to: determine first radio bearer configuration information and second radio bearer configuration information of the terminal device or the chip in the terminal device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), wherein the first radio bearer configuration information is to be used by the terminal device or the chip in the terminal device to receive first multicast/broadcast service data that is transmitted in an air interface unicast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]), and the second radio bearer configuration information is to be used by the terminal device or the chip in the terminal device to receive second multicast/broadcast service data that is transmitted in an air interface multicast/broadcast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, paragraph [0155]); and send the first radio bearer configuration information and the second radio bearer configuration information to the source access network device or the chip in the source access network device (the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the target gNB determines if it supports MBS and sends a handover acknowledgement to the source gNB to indicate whether the target gNB supports the MBS, and the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]); and wherein the source access network device or the chip in the source access network device is configured to: receive the first radio bearer configuration information and the second radio bearer configuration information (the source gNB receives the response from the target gNB, where the response indicates whether the target gNB supports MBS based on the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, paragraph [0155]); and send the first radio bearer configuration information and the second radio bearer configuration information to the terminal device or the chip in the terminal device (the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]; the source gNB sends the data radio bearer information to the wireless device); and wherein the terminal device or the chip in the terminal device is configured to: receive the first radio bearer configuration information and the second radio bearer configuration information of the terminal device or the chip in the terminal device from the source access network device or the chip in the source access network device (the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]; the source gNB sends the data radio bearer information to the wireless device); receive, by using the first radio bearer configuration information, the first multicast/broadcast service data that is transmitted in the air interface unicast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the unicast delivery of the packets of the service from the target gNB if the target gNB does not support MBS, paragraph [0155]); and receive, by using the second radio bearer configuration information, the second multicast/broadcast service data that is transmitted in the air interface multicast/broadcast mode from the target access network device or the chip in the target access network device (the RAN nodes (e.g. base stations) supports MBS flows and delivery over-the air, paragraph [0083]; the source gNB sends handover request to the target gNB indicating the unicast and multicast information for the MBS session (e.g. DRB/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context, where the source gNB sends an RRC reconfiguration message to the wireless device indicating the DRB configuration and associated QoS flow for the multicast delivery of the packets of the service from the target gNB if the target gNB supports MBS, paragraph [0155]). Regarding claim 30, Griot discloses the system according to claim 29, wherein the first multicast/broadcast service data and the second multicast/broadcast service data are data of a same-source service (the base stations network may be configured to support same services, paragraph [0058]; the base stations are configured to support same services or not support same services). Response to Arguments Applicant's arguments, see pages 10 – 19, filed September 19, 2025, with respect to claims 1 – 14 and 21 – 30 have been fully considered but they are not persuasive. Applicants argued that GRIOT does not explicitly teach A) “determining, by a target access network device... the first radio bearer configuration information… to be used by the terminal to receive first multicast/broadcast service data… in… unicast mode… and the second radio bearer configuration information… to be used by the terminal device to receive second multicast/broadcast service data… in… multicast/broadcast…” in Claim 1, and similar recitations in Claims 6, 8, 13, 21, 25, and 29, B) “sending, by the target access network device…, the first radio bearer configuration information and the second radio bearer configuration information…” in Claim 1, and similar recitations in Claims 6, 8, 13, 21, 25, and 29, and C) “sending, by the target access network device…, the second multicast/broadcast service data in the air interface multicast/broadcast mode to the terminal device in Claim 5. In response to A), the examiner respectfully disagrees. GRIOT teaches that RRC reconfiguration message indicates that MBS service may not be available via multicast delivery from the target base station to which the wireless device is handing over (paragraph [0148]). As such, when the source gNB sends a handover request to the target gNB with the indication of unicast and multicast information for the MBS session (e.g., DBR/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context), the target gNB generates a response to the handover request to the source gNB (paragraph [0155]). The target base station makes a determination for responding to a handover request from the source base station whether to acknowledge the handover request or to not acknowledge the handover request based on the availability of the MBS service on the target base station to provide the MBS service. In addition, the handover request transmitted by the source gNB includes unicast information (i.e. “first radio bearer configuration information” to be used in unicast mode”) and multicast information (i.e. “second radio bearer configuration information to be used in multicast mode”). Therefore, the examiner maintains that GRIOT discloses the limitations as recited in the claim above. In response to B), the examiner respectfully disagrees. GRIOT teaches the target gNB generates a response to the handover request to the source gNB when the source gNB sends a handover request to the target gNB with the indication of unicast and multicast information for the MBS session (e.g., DBR/Unicast QoS flow information, MBS Bearer and Session information, and user plane function (UPF) context) (paragraph [0155]). The target base station makes a determination for responding to a handover request from the source base station whether to acknowledge the handover request or to not acknowledge the handover request based on the availability of the MBS service on the target base station to provide the MBS service. The acknowledgement message is sent to the source base station, where the message includes response for unicast information (i.e. “first radio bearer configuration information” to be used in unicast mode”) and multicast information (i.e. “second radio bearer configuration information to be used in multicast mode”). Therefore, the examiner maintains that GRIOT discloses the limitations as recited in the claim above. In response to C), the examiner respectfully disagrees. GRIOT teaches the target gNB sending a response to the handover request to the source gNB, where the response is in acknowledgement of the target gNB to provide the MB service (paragraph [0155]). In addition, GRIOT teaches an example of the MB service using unicast in paragraph [0155]. As such, GRIOT discloses in the example that the MB service using multicast/broadcast in paragraph [0156]. Therefore, GRIOT teaches that the target gNB providing unicast (i.e. “first radio bearer configuration” to be used in unicast mode”) and multicast (i.e. “second radio bearer configuration to be used in multicast mode”). Therefore, the examiner maintains that GRIOT discloses the limitations as recited in the claim above. 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: QI et al (US Patent Application Publication 2022/0256505) – the data transmission network node maps the one or more data transmission flows to a first radio bearer for transmitting the multicast/broadcast service data to a first set of UEs among the plurality of UEs, maps the one or more data transmission flows to a second radio bearer independent of the first radio bearer for transmitting the multicast/broadcast service data to a second set of UEs among the plurality of UEs, and configures the data transmission network node to transmit the multicast/broadcast service data independently via the at least the first radio bearers and the second radio bearer each carrying the one or more data transmission flows 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marcus Smith can be reached at (571)270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Kai Chang/Examiner, Art Unit 2468 /Thomas R Cairns/Primary Examiner, Art Unit 2468
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Prosecution Timeline

Nov 08, 2022
Application Filed
Dec 12, 2022
Response after Non-Final Action
Jun 14, 2025
Non-Final Rejection — §102
Sep 19, 2025
Response Filed
Dec 27, 2025
Final Rejection — §102
Apr 01, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+40.7%)
3y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 408 resolved cases by this examiner. Grant probability derived from career allow rate.

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