DETAILED ACTION
The amendments and remarks filed 3/30/2026 were received. No claims were amended or added.
PRIOR ART
The following references are prior art:
1. (5/14/2025 PTO-892) Appl. No. 18/255,844 (“Choi”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2024/0032147 A1, names another inventor (Hyung-Nam Choi) and was effectively filed Dec. 2, 2020 before Nov. 22, 2021 the effective filing date of the claimed invention.
2. (5/14/2025 PTO-892) Appl. No. 18/266,471 (“Shree”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2024/0049169 A1, names another inventor (Ritesh Shreevastav) and was effectively filed Feb. 18, 2021 before Nov. 22, 2021 the effective filing date of the claimed invention.
3. (5/14/2025 PTO-892) US 2017/0295054 A1 (“Lee”) is prior art under 35 U.S.C. 102(a)(1) since it published Oct. 12, 2017 before Nov. 22, 2021 the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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.
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.
CLAIMS 1-4, 6, 7, 12-18, & 20
Claims 1-4, 6, 7, 12-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi.
Claim 1
With respect to claim 1, Choi taught:
A method of multicast and broadcast services (MBS) data transmission (Choi taught [0037] the present disclosure describes systems, methods, and apparatus for enabling a network to provide Multicast and Broadcast services to the MBS-capable UEs per PTM delivery method in the respective service areas in accordance with their QoS requirements),
comprising the steps of: receiving, by a user equipment (UE) from a base station (BS), one or more first messages comprising: one or more first configuration parameters, with one or more first values, associated with the MBS data transmission; and one or more second configuration parameters for reporting one or more quality of experience metrics (Choi taught [0041] Regarding dedicated MBS measurements logging configuration, the gNB may configure a UE to measure MBS transmissions of MBS sessions in different RRC states using the LoggedMeasurementConfiguration message. The MBS measurements logging configuration may include the following parameters: 1) List of carrier frequencies and cells to perform measurement logging; 2) Candidate MBS sessions to measure; 3) The MBS measurement quantity to measure; 4) The RRC states where the measurements logging is to be performed by the UE; and/or 5) Other information such as logging duration and interval, and location information to correlate the logged measurements and UE position information. [0081] an MBS-capable UE has information about forthcoming and ongoing MBS sessions in the current serving cell and neighboring cells. This information may be provided by the network in each cell of the MBS service area per SIB or dedicated message or other means (e.g., application layer signaling). [0082] the RAN node may use dedicated signaling to configure a UE to measure MBS transmissions of MBS sessions in different RRC states. [0083]-[0086] The MBS measurements logging configuration may include the following MES-related measurement parameters: … The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER"). [0093] In accordance with the received configuration, the UE performs MBS measurements. In some embodiments, the UE tunes to (e.g., switches to) an MBS BWP on carrier frequencies and cells which are used to receive the desired MBS service and logs MBS measurements. The logged measurement results are then reported to the network. The Examiner finds that Choi taught receiving, by a user equipment (UE) from a base station (BS), one or more first messages comprising: one or more first configuration parameters, with one or more first values, associated with the MBS data transmission (e.g., the MBS measurements logging configuration includes a list of carrier frequencies and cells); and one or more second configuration parameters for reporting one or more quality of experience metrics (e.g., the MBS measurements logging configuration includes the MBS measurement quantity to measure, which is then reported));
transmitting, by the UE, a report based on the one or more second configuration parameters and in response to a probabilistic randomization that is based on a configuration associated with the UE indicating that the UE is selected for reporting the one or more quality of experience metrics (Choi taught [0093] the UE performs MBS measurements. In some embodiments, the UE tunes to (e.g., switches to) an MBS BWP on carrier frequencies and cells which are used to receive the desired MBS service and logs MBS measurements. The logged measurement results are then reported to the network, e.g., in an UEinformationResponse message. The reported measurement logs may be provided by the UE. [0120] In some embodiments, the common MBS measurement logging configuration includes the MBS-related measurement parameters as contained in the LoggedMeasurementConfiguration message, described above. In addition, the common MBS measurements logging configuration may further include a special parameter "UE measurement factor" which indicates a probability value, e.g., in the range {pl0, p25, p50, p75, p90}. If this parameter is present an MES-capable UE draws a random number uniformly distributed in the range 0≤random number<1. If the random number is lower than the value indicated by "UE measurement factor" then the UE applies the common MBS measurements logging configuration, otherwise the UE ignores the common MBS measurements logging configuration. The Examiner finds that Choi taught transmitting, by the UE, a report based on the one or more second configuration parameters (e.g., the MBS measurements logging configuration includes the MBS measurement quantity to measure, which is then reported) and in response to a probabilistic randomization (i.e., the UE draws a random number) that is based on a configuration associated with the UE indicating that the UE is selected for reporting the one or more quality of experience metrics (i.e., the MBS measurements logging configuration may further include a special parameter "UE measurement factor" which indicates a probability value, which is used to select the UE for reporting when the random number is lower than the value indicated by "UE measurement factor"));
receiving, by the UE from the BS and in response to transmitting the report, one or more second messages comprising the one or more first configuration parameters, with one or more second values (Choi taught [0081] an MBS-capable UE has information about forthcoming and ongoing MBS sessions in the current serving cell and neighboring cells. This information may be provided by the network in each cell of the MBS service area per SIB or dedicated message or other means (e.g., application layer signaling). [0115] With the logged MBS measurements (e.g., collected from multiple UEs), the RAN node 305 is enabled to verify the performance of MBS transmission and can reconfigure the MBS service areas and MBS operation parameters, if needed. [0175] The processor 1005 controls MBS operation in the communication network based on the logged measurement results collected from the communication device. Examples of controlling MBS operation include, but are not limited to, selecting or switching a traffic delivery mechanism (i.e., PTM or PTP), modifying transmit power for MBS, reconfiguring MBS service areas, and modifying delivery resources to meet QoS requirements. The Examiner finds that Choi taught receiving, by the UE from the BS and in response to transmitting the report, one or more second messages comprising the one or more first configuration parameters, with one or more second values (i.e., in response to the report the BS controls MBS operation, such as reconfiguring delivery resources and MBS service areas, which includes modifying parameters for carrier frequencies and cells)).
The differences between the claimed invention and the prior art are that the probabilistic randomization in the claimed invention is based on an “identifier” while Choi taught probabilistic randomization based on using a measurement factor/probability value. The Examiner finds that the probabilistic randomization in both Choi and the claimed invention are used to implement the concept of sampling, the process of selecting a subset of individuals or data points from a larger population to study and draw conclusions about the entire population, which is used when it’s impractical to analyze the entire population. Many different interchangeable sampling techniques are well known in statistics.
The Examiner finds that this difference between the claimed invention and the prior art is 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 as merely combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Using an identifier to perform randomly sampling is a well-known technique. The act of pulling names from a hat can be used to perform random sampling using an identifier. The Examiner submits the article “Sampling Basics”1 as evidence (article printout attached herewith), which gives the example of using a social security number or student ID as unique identifiers. Using an identifier to perform random sampling is also done when drawing names from a hat or “casting lots.” The Examiner finds that performing “probabilistic randomization that is based on an identifier”, which is a well-known and foundational technique, and then “transmitting, by the UE, a report based on the one or more second configuration parameters and in response to a probabilistic randomization that is based on an identifier associated with the UE indicating that the UE is selected for reporting the one or more quality of experience metrics” as claimed required no more skill or ingenuity than that possessed by a person having ordinary skill in the art to which the claimed invention pertains was required to and is entirely predictable. Referring to MPEP 2143(I)(A), the Examiner makes the following findings: (1) a finding that the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference (see the discussion above); (2) a finding that one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately (i.e., probabilistic randomization that is based on an identifier is a known technique and combining it with Choi’s technique does not change any other claimed element); (3) a finding that one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., there is nothing unpredictable about using an identifier to essentially draw a name from a hat). Furthermore, the specification describes no advantage of using this technique over any other random sampling technique. Accordingly 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.
Claim 2
With respect to claim 2, Choi taught:
The method of claim 1 (see rejection above),
wherein the one or more first messages and the one or more second messages are radio resource control (RRC) messages (Choi taught [0082] the RAN node may use dedicated signaling to configure a UE to measure MBS transmissions of MBS sessions in different RRC states. [0087] The RRC states where the measurements logging is to be performed by the UE. The configuration may include the following options: {RRC_IDLE, RRC_INACTIVE, RRC_IDLE and RRC_INACTIVE, RRC_CONNECTED, All RRC states} [0133] a mobile communication network uses RRC connection establishment or RRC connection resume for MBS purposes, e.g., for reporting of logged MBS measurements. In some embodiments a RAN node may broadcast in SIB! a new parameter "mbs-AccessAllowed" to indicate whether an MES-capable UE is allowed to initiate an RRC connection establishment from RRC_IDLE or an RRC connection resume from RRC_INACTIVE for MBS purposes only. [0135] embodiments, a new cause value, denoted "mbs-Access," is introduced in RRCSetupRequest and RRCResumeRequest messages to indicate to the RAN nodes the purpose of RRC connection establishment or RRC connection resume, as depicted in FIGS. 6 and 7. In [0145] FIG. 6 depicts ASN.1 code for a RRCSetupRequest message, according to embodiments of the disclosure. Here, the RRCSetupRequest message is modified to include a new cause value in the parameter EstablishmentCause. [0147] FIG. 7 depicts ASN.1 code for a RRCResumeRequest message, according to embodiments of the disclosure. Here, the RRCResumeRequest message is modified to include a new cause value in the parameter ResumeCause.).
Claim 3
With respect to claim 3, Choi taught:
The method of claim 1 (see rejection above),
wherein the transmitting the report is further based on a radio resource control (RRC) message (Choi taught [0133] a mobile communication network uses RRC connection establishment or RRC connection resume for MBS purposes, e.g., for reporting of logged MBS measurements.).
Claim 4
With respect to claim 4, Choi taught:
The method of claim 1 (see rejection above),
wherein transmitting the report occurs while the user equipment (UE) is in a radio resource control (RRC) connected state (Choi taught [0112] At Step 5, the UE 205 includes the parameter "ue-MeasurementsAvailableMBS" in the RRCSetupComplete message to indicate to the RAN node 305 that it has logged MBS measurements available (see messaging 335). [0113] At Step 6, based on the received information/parameter, the RAN node 305 sends a UEinformationRequest message to the UE 205 to request that the UE 205 report the logged MBS measurements (see messaging 340). [0114] At Step 7, the UE 205 transmits the UEinformationResponse message to the RAN node 305 including the logged MBS measurements, e.g., for MBS session ID #1 and MBS session ID #3, as part of the parameter "logMeasReport" (see messaging 345). The Examiner finds that the UE is in the RRC connected state since RRC setup is complete).
Claim 6
With respect to claim 6, Choi taught:
The method of claim 1 (see rejection above),
wherein the report comprises values of the one or more quality of experience metrics; and the receiving the one or more second messages is based on the one or more second values ([0086] The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER")/ [0094]-[0099] For each measured cell, report: … Measurement results for each received MBS session (MBS RSRP, MBS RSRQ, MBS BLER). [0175] The processor 1005 controls MBS operation in the communication network based on the logged measurement results collected from the communication device. Examples of controlling MBS operation include, but are not limited to, selecting or switching a traffic delivery mechanism (i.e., PTM or PTP), modifying transmit power for MBS, reconfiguring MBS service areas, and modifying delivery resources to meet QoS requirements).
Claim 7
With respect to claim 7, Choi taught:
The method of claim 1,
further comprising: receiving, before receiving the one or more second messages, first multicast and broadcast services (MBS) data based on the one or more first values of the one or more first configuration parameters; and receiving, after receiving the one or more second messages, second MBS data based on the one or more second values of the one or more first configuration parameters (Choi taught [0038] For NR RAT, the DL physical channels may be transmitted carrying the MBS traffic data with a pre-defined, fixed transmit power in accordance with the targeted coverage and QoS. The network can allocate the required transmit power of those MBS physical channels based on, e.g., measurements collected by test equipment and drive tests during network deployment and operation. [0175] The processor 1005 controls MBS operation in the communication network based on the logged measurement results collected from the communication device. Examples of controlling MBS operation include, but are not limited to, selecting or switching a traffic delivery mechanism (i.e., PTM or PTP), modifying transmit power for MBS, reconfiguring MBS service areas, and modifying delivery resources to meet QoS requirements).
Claim 12
With respect to claim 12, Choi taught:
The method of claim 1 (see rejection above),
wherein the one or more first configuration parameters comprise first multicast and broadcast services (MBS) parameters associated with a first MBS bundle and second MBS parameters associated with a second MBS bundle (Choi taught [0067] a key objective of Multicast and Broadcast services ("MBS") for NR RAT is to support the resource-efficient and reliable transmission of MBS traffic data to multiple UEs in a specific service area at the same time in RAN. In case of Broadcast services, same content of traffic data is to be transmitted to all UEs, whereas in case of Multicast services, same content of traffic data is to be transmitted to a group of UEs located in a specific service area. The targeted applications/services for MBS include: [0068] Internet Protocol Television ("IPTV") [0069] Linear Television ("TV") [0070] Radio [0071] Group communications (voice/data/video) [0072] Internet-of-Things ("IoT") applications [0073] Vehicle-to-Everything ("V2X") applications [0074] Software delivery).
Claim 13
With respect to claim 13, Choi taught:
The method of claim 1 (see rejection above),
wherein the report comprises time-stamped measurements associated with the one or more quality of experience metrics (Choi taught [0083] The MBS measurements logging configuration may include the following MBS-related measurement parameters: [0086] The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER"). [0088] Logging duration and interval, and location information to correlate the logged measurements and UE position information).
Claim 14
With respect to claim 14, Choi taught:
The method of claim 1 (see rejection above),
wherein the report comprises location-stamped measurements associated with the one or more quality of experience metrics (Choi taught [0083] The MBS measurements logging configuration may include the following MBS-related measurement parameters: [0086] The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER"). [0088] Logging duration and interval, and location information to correlate the logged measurements and UE position information. [0094] For each measured cell, report: [0097] Location information.).
Claim 15
With respect to claim 15, Choi taught:
The method of claim 1 (see rejection above),
further comprising receiving control information indicating a triggering of the reporting the one or more quality of experience metrics (Choi taught [0113] the RAN node 305 sends a UEinformationRequest message to the UE 205 to request that the UE 205 report the logged MBS measurements (see messaging 340)).
Claim 16
With respect to claim 16, Choi taught:
The method of claim 15 (see rejection above),
wherein the triggering of the reporting is based on physical layer signaling (Choi taught [0113] the RAN node 305 sends a UEinformationRequest message to the UE 205 to request that the UE 205 report the logged MBS measurements (see messaging 340)). [0149] The User Plane protocol stack 801 includes a physical ("PHY") layer 811… The Control Plane protocol stack 803 includes a physical layer 811).
Claim 17
With respect to claim 17, Choi taught:
The method of claim 15 (see rejection above),
wherein the triggering of the reporting is based on medium access control (MAC) layer signaling (Choi taught [0113] the RAN node 305 sends a UEinformationRequest message to the UE 205 to request that the UE 205 report the logged MBS measurements (see messaging 340)). [0149] The User Plane protocol stack 801 includes a Medium Access Control ("MAC") sublayer 813… The Control Plane protocol stack 803 includes a MAC sublayer 813).
Claim 18
With respect to claim 18, Choi taught:
The method of claim 1 (see rejection above),
wherein the one or more quality of experience metrics are based on at least one of a received signal received power (RSRP), a received signal received quality (RSRQ) and a block error rate (BLER) (Choi taught [0086] The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER")).
Claim 20
With respect to claim 20, Choi taught:
The method of claim 1 (see rejection above),
wherein at least a portion of the one or more first configuration parameters is received based on a broadcast message (Choi taught [0116] an MBS-capable UE has information about forthcoming and ongoing MBS sessions in the current serving cell and neighboring cells. This information may be provided by the network in each cell of the MBS service area per [System Information Block] SIB. [0125] At Step 1, in anew SIB (denoted "SIB_X") the UE 205 receives the common MBS measurements logging configuration (see broadcast signaling 415).).
CLAIM 5
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Shree.
Claim 5
With respect to claim 5, Choi taught:
The method of claim 1 (see rejection above),
wherein transmitting the report occurs while the user equipment (UE) is in a radio resource control (RRC) idle state or an RRC inactive state (Choi taught [0124] At Step 0, the MES-capable UE 205 enters the RRC_IDLE state (see block 410). In various embodiments, the UE 205 also receives MBS sessions it is interested in (e.g., MBS session ID #1 and MBS session ID #3) while in the RRC_IDLE state. While the embodiments of FIG. 4 show the UE 205 performing MBS measurement logging while in the RRC_IDLE state, in other embodiments the UE 205 may perform MBS measurement logging while in the RRC_INACTIVE state.).
As discussed above, Choi taught that the measurement logging of the report occurs during the RRC idle or inactive states but did not explicitly teach “transmitting the report” at that time.
With respect to claim 5, Shree taught:
transmitting the report occurs while the user equipment (UE) is in a radio resource control (RRC) idle state or an RRC inactive state (Shree taught [0030] NR supports RRC_INACTIVE state, also referred to as mode, and UEs with infrequent such as periodic and/or aperiodic, data transmission (interchangeably called as small data transmission, or SDT) are generally maintained by the network not in RRC_IDLE but in the RRC_INACTIVE state. Until 3GPP Release 16, the RRC_INACTIVE state doesn't support data transmission. Hence, the UE has to resume the connection, i.e. move to RRC_CONNECTED state, for any DL data reception and UL data transmission. Connection setup and subsequently release to RRC_INACTIVE state happens for each data transmission. This results in unnecessary power consumption and signaling overhead. For this reason, support for UE transmission in RRC_INACTIVE state using random access procedure is introduced in 3GPP Release 17. SDT is a procedure to transmit UL data from UE in RRC_INACTIVE state. [0067] The uplink data is adapted to relate to measurement reports of the first UE. [0069] the first UE shall use: (i) inactive mode based Small Data Transmission, SDT,).
The Examiner finds that it 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 to, to modify Choi’s method for MBS measurement reporting to use Small Data Transmission technology as taught by Shree, thereby achieving claim 5, in order to avoid unnecessary power consumption and signaling overhead (see Shree [0030]). The Examiner finds that there would be a reasonable expectation of success in making such modifications since Shree’s SDT technique is also used to transmit measurement reports from a UE.
CLAIMS 9-11 & 19
Claims 8-11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Lee.
Claim 8
With respect to claim 8, Choi taught:
The method of claim 1 (see rejection above),
wherein the one or more first configuration parameters comprise multicast configuration parameters (Choi taught [0041] Regarding dedicated MBS measurements logging configuration, the gNB may configure a UE to measure MBS transmissions of MBS sessions in different RRC states using the LoggedMeasurementConfiguration message. The MBS measurements logging configuration may include the following parameters: 1) List of carrier frequencies and cells to perform measurement logging; 2) Candidate MBS sessions to measure; 3) The MBS measurement quantity to measure; 4) The RRC states where the measurements logging is to be performed by the UE; and/or 5) Other information such as logging duration and interval, and location information to correlate the logged measurements and UE position information. [0081] an MBS-capable UE has information about forthcoming and ongoing MBS sessions in the current serving cell and neighboring cells. This information may be provided by the network in each cell of the MBS service area per SIB or dedicated message or other means (e.g., application layer signaling).)
While Choi taught the limitations of claim 8 above, Choi did not explicitly teach that the configuration parameters comprise multicast control channel (MCCH) configuration parameters of one or more MCCHs
With respect to claim 8, Lee taught:
configuration parameters comprise multicast control channel (MCCH) configuration parameters of one or more MCCHs (Lee taught [0044] The control channels are used for transfer of control plane information only. The control channels provided by the MAC layer include … a multicast control channel (MCCH)… The MCCH is a point-to-multipoint downlink channel used for transmitting multimedia broadcast multicast services (MBMS) control information from the network to a UE).
The Examiner finds that it 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 to, to combine Choi’s method for MBS transmissions with Lee’s teachings about MCCH since MCCHs are known standard channels with multimedia broadcast multicast service (MBMS) within 3GPP communications (see Lee [0005] [0044]) and Choi implements MBMS (see Choi [0003]). To maintain interoperability with other systems, a person of ordinary skill in the art would use existing standard channels rather than create their own new ones. The Examiner finds that there would be a reasonable expectation of success in making such modifications since MCCH is a known standard channel in MBMS.
Claim 9
With respect to claim 9, Choi taught:
The method of claim 8 (see rejection above),
control information (Choi taught [0122] with the logged MBS measurements ( e.g., collected from multiple UEs ), the RAN node is enabled to verify the performance of MBS transmission and can reconfigure the MBS service areas and MBS operation parameters, if needed.)
While Choi taught the limitations of claim 9 above, Choi did not explicitly teach that the control information was received “via the one or more multicast control channels (MCCHs).”
With respect to claim 9, Lee taught:
further comprising receiving control information via the one or more multicast control channels (MCCHs) (Lee taught [0044] The control channels are used for transfer of control plane information only. The control channels provided by the MAC layer include … a multicast control channel (MCCH)… The MCCH is a point-to-multipoint downlink channel used for transmitting multimedia broadcast multicast services (MBMS) control information from the network to a UE.).
The Examiner finds that it 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 to, to combine Choi’s method for MBS transmissions with Lee’s teachings about MCCH since MCCHs are known standard channels with multimedia broadcast multicast service (MBMS) within 3GPP communications (see Lee [0005] [0044]) and Choi implements MBMS (see Choi [0003]). To maintain interoperability with other systems, a person of ordinary skill in the art would use existing standard channels rather than create their own new ones. The Examiner finds that there would be a reasonable expectation of success in making such modifications since MCCH is a known standard channel in MBMS.
Claim 10
With respect to claim 10, Choi in view of Lee taught:
The method of claim 9 (see rejection above).
With respect to claim 10, Choi taught:
further comprising receiving and processing multicast traffic on DL channels based on the control information (Choi taught [0038] For NR RAT, the DL physical channels may be transmitted carrying the MBS traffic data with a pre-defined, fixed transmit power in accordance with the targeted coverage and QoS. [0075] An MBS service area consists of one or multiple cells and MBS traffic data can be delivered in each of those cells either per Point-To-Multipoint ("PTM") or Point-To-Point ("PTP") to the UEs 205.).
Choi taught the limitations of claim 10 above but did not explicitly teach that MBS traffic is transmitted on multicast traffic channels (MTCHs).
With respect to claim 10, Lee taught:
Multicast traffic is transmitted on multicast traffic channels (MTCHs) (Lee taught [0045] Traffic channels are used for the transfer of user plane information only. The traffic channels provided by the MAC layer include a dedicated traffic channel (DTCH) and a multicast traffic channel (MTCH). The DTCH is a point-to-point channel, dedicated to one UE for the transfer of user information and can exist in both uplink and downlink. The MTCH is a point-to-multipoint downlink channel for transmitting traffic data from the network to the UE.)
The Examiner finds that it 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 to, to combine Choi’s method for MBS transmissions with Lee’s teachings about MTCH since MTCHs are known standard channels with multimedia broadcast multicast service (MBMS) within 3GPP communications (see Lee [0005] and [0045]) and Choi implements MBMS (see Choi [0003]). To maintain interoperability with other systems, a person of ordinary skill in the art would use existing standard channels rather than create their own new ones. The Examiner finds that there would be a reasonable expectation of success in making such modifications since MCCH is a known standard channel in MBMS.
Claim 11
With respect to claim 11, Choi in view of Shree taught:
The method of claim 10 (see rejection above).
With respect to claim 11, Choi taught:
further comprising receiving the multicast and broadcast services (MBS) data based on the one or more multicast traffic channels (MTCHs) (Choi taught [0038] For NR RAT, the DL physical channels may be transmitted carrying the MBS traffic data with a pre-defined, fixed transmit power in accordance with the targeted coverage and QoS. [0075] An MBS service area consists of one or multiple cells and MBS traffic data can be delivered in each of those cells either per Point-To-Multipoint ("PTM") or Point-To-Point ("PTP") to the UEs 205.).
While Choi taught the limitations above, Choi did not explicitly teach that the MBS data was received “based on the one or more multicast traffic channels (MTCHs).”
With respect to claim 11, Lee taught:
multicast traffic is received based on the one or more multicast traffic channels (MTCHs) (Lee taught [0045] Traffic channels are used for the transfer of user plane information only. The traffic channels provided by the MAC layer include a dedicated traffic channel (DTCH) and a multicast traffic channel (MTCH). The DTCH is a point-to-point channel, dedicated to one UE for the transfer of user information and can exist in both uplink and downlink. The MTCH is a point-to-multipoint downlink channel for transmitting traffic data from the network to the UE).
The Examiner finds that it 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 to, to combine Choi’s method for MBS transmissions with Lee’s teachings about MTCH since MTCHs are known standard channels with multimedia broadcast multicast service (MBMS) within 3GPP communications (see Lee [0005] and [0045]) and Choi implements MBMS (see Choi [0003]). To maintain interoperability with other systems, a person of ordinary skill in the art would use existing standard channels rather than create their own new ones. The Examiner finds that there would be a reasonable expectation of success in making such modifications since MCCH is a known standard channel in MBMS.
Claim 19
With respect to claim 19, Choi taught:
The method of claim 1 (see rejection above),
wherein the one or more quality of experience metrics are associated with a MBS bandwidth part on carrier frequencies (Choi taught [0041] logging configuration may include the following parameters: 1) List of carrier frequencies and cells to perform measurement logging; 2) Candidate MBS sessions to measure; 3) The MBS measurement quantity to measure. [0042] the UE performs MBS measurements logging in MBS bandwidth part ("BWP") on carrier frequencies and cells which are used to receive the desired MBS service. [0086] The MBS measurement quantity to measure, e.g., MBS Reference Signal Received Power ("RSRP"), MBS Reference Signal Received Quality ("RSRQ"), MBS Block Error Rate ("BLER"))
While Choi taught the limitations above, Choi did not explicitly teach that the QoE metrics are associated with at least one of a MCCH or MTCH.
With respect to claim 19, Lee taught:
wherein the one or more quality of experience metrics are associated with at least one of a multicast control channel (MCCH) and a multicast traffic channel (MTCH) (Lee taught [0226] The configuration of measurement may indicate at least one of … the physical multicast channel (PMCH), or the MTCH. [0227] Further, the configuration of measurement may indicate what the UE shall report, which includes: [0228] measured results (e.g., block error ratio (BLER), RSRP, RSRQ, the number/size of missing RLC SDU/PDUs, throughput, traffic volumes)).
The Examiner finds that it 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 to, to combine Choi’s method for MBS transmissions with Lee’s teachings about MCCH and MTCH since MCCHs and MTCHs are known standard channels with multimedia broadcast multicast service (MBMS) within 3GPP communications (see Lee [0005], [0044], and [0045]) and Choi implements MBMS (see Choi [0003]). To maintain interoperability with other systems, a person of ordinary skill in the art would use existing standard channels rather than create their own new ones. The Examiner finds that there would be a reasonable expectation of success in making such modifications since MCCH is a known standard channel in MBMS.
RESPONSE TO ARGUMENTS
Applicant’s arguments, see Remarks, filed 3/30/2026, with respect to the claim rejections have been fully considered but are not persuasive. Applicant either misunderstands or misrepresents the Examiner’s position, which is clarified here.
On page 7 Applicant disparages the Examiner’s position as a “bald assertion.” The Examiner disagrees and asserts that they have following the examining procedure in MPEP 2143(I)(A).
On page 7, Applicant argued “there is no reason why the skilled person would have modified Choi, or that Choi so modified would realize the invention as claimed.” Applicant’s use of the term “modified” indicates that they misunderstand the standard of obviousness or the Examiner’s position, or both. 35 U.S.C. 103 does not require a showing of a reason to modify, as discussed by the Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398. There is merely one way to show obviousness. The “teaching, suggestion, motivation” rationale for obviousness is presented in MPEP 2143(I)(G). The Examiner did not rely on the “teaching, suggestion, motivation” rationale in MPEP 2143(I)(G). As shown on pages 6-7 of the previous rejection and again above, the Examiner relied on MPEP 2143(I)(A) Combining prior art elements according to known methods to yield predictable results. This rationale does not require showing an explicit motivation.
On page 7-8 Applicant argued “A patent Examiner cannot unilaterally add limitations to a claim to effect a rejection under§ 103. So, when the Examiner states that "[u]sing an identifier to perform randomly sampling is well-known, and indeed ancient, technique" that "performing 'probabilistic randomization that is based on an identifier'' appears to be arguing limitations that are not there.” The Examiner is not “adding limitations to a claim.” They are performing the Graham faction inquiry (which was explained in the form paragraph at the top of the rejection) which involves (1) Determining the scope and contents of the prior art (2) Ascertaining the differences between the prior art and the claims at issue. The Examiner is explaining the scope of the prior art and how it reads on the claims, not “adding limitations” to the claims.
On page 9 Applicant argued “Applicant does not see that Choi's pars. 0041, 0081-0086 and/or 0093 teach the claimed step of: receiving by a user equipment (UE) from a base station (BS), one or more first messages comprising: one or more first configuration parameters, with one or more first values, associated with the MBS data transmission; and one or more second configuration parameters for reporting one or more quality of experience metrics.” As stated in the previous rejection and the rejection above: The Examiner finds that Choi taught receiving, by a user equipment (UE) from a base station (BS), one or more first messages comprising: one or more first configuration parameters, with one or more first values, associated with the MBS data transmission (e.g., the MBS measurements logging configuration includes a list of carrier frequencies and cells); and one or more second configuration parameters for reporting one or more quality of experience metrics (e.g., the MBS measurements logging configuration includes the MBS measurement quantity to measure, which is then reported)). The Examiner has made their mapping and reasoning explicit and requests Applicant to attempt to rebut the rejection rather than argue against their own interpretation of the reference.
On page 9, regarding the “transmitting” limitation, Applicant argued “The stated rejection discusses Choi broadly, but does not point out where Chais teaches that the report is based on 2nd configuration parameters and in response to the PR based on a configuration indicating the UE is selected for reporting the QoE metrics.” As stated in the previous rejection and above the Examiner finds that Choi taught transmitting, by the UE, a report based on the one or more second configuration parameters (e.g., the MBS measurements logging configuration includes the MBS measurement quantity to measure, which is then reported) and in response to a probabilistic randomization (i.e., the UE draws a random number) that is based on a configuration associated with the UE indicating that the UE is selected for reporting the one or more quality of experience metrics (i.e., the MBS measurements logging configuration may further include a special parameter "UE measurement factor" which indicates a probability value, which is used to select the UE for reporting when the random number is lower than the value indicated by "UE measurement factor"). The Examiner has made their mapping and reasoning explicit and requests Applicant to attempt to rebut the rejection rather than argue against their own interpretation of the reference.
On page 10 Applicant requests “Also, please provide a reference indicating that using an identifier to perform sampling is ancient.” Applicant is referred to the Bible in which the act of casting lots uses identifiers to perform sampling.
On page 10 Applicant argued “Sampling Basics" does not teach or suggest transmitting a report based on 2nd configuration parameters and in response to a probabilistic randomization that is based on an identifier associated with the UE indicating that the UE is selected for reporting the QoE metrics.” The Examiner did not take the position that it did.
On page 10 Applicant notes “MPEP section 2143.03 states that all claim limitations must be considered by the Office for considerations of novelty and non-obviousness.” Applicant is assured that all limitations were considered by the Examiner.
On page 11 Applicant argued “Choi does not supply any motivation for modifying itself the realize the invention as claimed.” Again, the Examiner’s position does not rely on this point. The Examiner’s rationale for obviousness is based on MPEP 2143(I)(A), not MPEP2143(I)(G).
CONCLUSION
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats see MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/ Supervisory Patent Examiner, Art Unit 2476
1 https://www.summitllc.us/blog/sampling-basics-what-is-a-simple-random-sample
Prosecution Insights