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 .
Response to Arguments
Applicant's arguments filed 6/23/26 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
The applicant argues “…Dai 543 does not disclose "receive, from a base station, first configuration information for a first multicast-broadcast service (MBS) radio bearer and a second MBS radio bearer," as recited in amended claim 21. (emphasis added)” see page 8 of applicant’s remarks. The examiner respectfully disagrees.
Dai 543 discloses the UE 102 may receive configuration information including an association ID for associating a common layer entity with a first lower layer entity for a M-DRB and a second lower layer entity for a U-DRB from a BS 101 in paragraph [0112]. Therefore, Dai 543 clearly discloses radio bearers. Dai 543 discloses the M-DRB may refer to a radio bearer or a RLC bearer for data transmission via a PTM mode. The U-DRB may refer to a radio bearer or a RLC bearer for data transmission via a PTP mode. See paragraph [0113]. Dai 543 further discloses the MBS data may be transmitted to the UE 102a and UE 102b via a PTM mode. In another example, the MBS data may be respectively transmitted to the UE 102a and UE 102b via a PTP mode. In NR Rel-17, one objective is specifying support for dynamic change of Broadcast/Multicast service delivery between multicast (PTM) and unicast (PTP) with service continuity for a given UE. See paragraphs [0035] and [0036]. According to Dai 543, the radio bearers used in PTP/PTM modes are for transmitting MBS data. Therefore, the first radio bearer and second radio bearer are considered as first MBS radio bearer and second MBS radio bearer. As such, Dai 543 discloses "receive, from a base station, first configuration information for a first multicast-broadcast service (MBS) radio bearer and a second MBS radio bearer," as recited in amended claim 21.
The applicant argues “…Dai 543 does not teach or suggest at least "determine, based on the first TMGI, that the first MBS radio bearer and the second MBS radio bearer are associated with the same multicast service," as recited in amended claim 21.” see page 8 of applicant’s remarks. The examiner respectfully disagrees.
Dai 543 discloses the UE 102 may receive configuration information including an association ID for associating a common layer entity with a first lower layer entity for a M-DRB and a second lower layer entity for a U-DRB from a BS 101 in paragraph [0112]. Dai 543 further discloses the M-DRB and the U-DRB of UE 102 may have a same LCID, for example, a specific LCID which can be used for both the M-DRB and the U-DRB. See paragraph [0130]. Paragraph [0118] of Dai 543 states the association ID may include one of the followings: an M-DRB ID, a U-DRB ID, a logical channel ID (LCID), a temporary mobile group identifier (TMGI). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 543's TMGI as the association ID/first identity for providing lossless and seamless transitions and/or handovers as described throughout Dai 543. Therefore, Dai 543 discloses an association ID as an LCID or TMGI which can be same LCID or TMGI associated with the first MBS radio bearer and the second MBS radio bearer. According to Dai 543, a determination that the first MBS radio bearer and the second MBS radio bearer are associated with the same multicast service can be determined based on the association ID as an LCID or TMGI which can be same LCID or TMGI. Dai 534 discloses "determine, based on the first TMGI, that the first MBS radio bearer and the second MBS radio bearer are associated with the same multicast service," as recited in amended claim 21.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 21, 23, 28, 30, 41 and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al., U.S. Publication No. 2023/0328543 (Dai 543).
Regarding Claims 21 and 28, Dai 543 discloses a wireless transmit/receive unit
(WTRU) (i.e., UE 102; see figure 15 and paragraph [0148]) comprising a transceiver (i.e., at least one receiving circuitry 1504 and at least one transmitting circuitry 1506 can be integrated into at least one transceiver; see figure 15 and paragraph [0149]) and one or more processors (i.e., at least one processor 1508; see figure 15 and paragraph [0149]) configured to:
receive, from a base station (i.e., BS 101; see figure 1), first configuration information for a first multicast- broadcast service (MBS) radio bearer and a second MBS radio bearer (i.e., the UE 102 may receive configuration information including an association ID for associating a common layer entity with a first lower layer entity for a M-DRB and a second lower layer entity for a U-DRB from a BS 101.; see paragraph [0112]), wherein the first configuration information comprises an indication that the first MBS radio bearer is associated with a first identity and the second MBS radio bearer is associated with the first identity (i.e., the M-DRB and the U-DRB of UE 102 may have a same LCID, for example, a specific LCID which can be used for both the M-DRB and the U-DRB; see paragraph [0130]);
determine, based on the first identity, that the first MBS radio bearer and the second MBS radio bearer are associated with the same multicast service (i.e., Dai 543 discloses an association ID as an LCID which can be same LCID associated with the first MBS radio bearer/M-DRB and the second MBS radio bearer/U-DRB. According to Dai 543, a determination that the first MBS radio bearer/M-DRB and the second MBS radio bearer/U/DRB are associated with the same multicast service can be determined based on the association ID as an LCID which can be same LCID; see paragraphs [0112] and [0130]); and
receive, from the base station via the first MBS radio bearer and the second MBS radio bearer, multicast data, wherein the multicast data received from both the first MBS radio bearer and the second MBS radio bearer is associated with the first identity (in other words, The M-DRB may refer to a radio bearer or a RLC bearer for data transmission via a PTM mode… The U-DRB may refer to a radio bearer or a RLC bearer for data transmission via a PTP mode therefore, data is multicast from both the M-DRB and U-DRB; see paragraph [0113]).
Dai 543 does not specifically teach wherein the first MBS radio bearer comprises
a split MBS radio bearer comprising a point-to-point (PTP) leg and a point-to-multipoint (PTM) leg however, Dai 543 does teach the MBS data may be transmitted to the UE 102a and UE 102b via a PTM mode. In another example, the MBS data may be respectively transmitted to the UE 102a and UE 102b via a PTP mode. In NR Rel-17, one objective is specifying support for dynamic change of Broadcast/Multicast service delivery between multicast (PTM) and unicast (PTP) with service continuity for a given UE. See paragraphs [0035] and [0036]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 543’s Broadcast/Multicast service delivery between multicast (PTM) and unicast (PTP) as the first MBS radio bearer comprises a split MBS radio bearer comprising a point-to-point (PTP) leg and a point-to-multipoint (PTM) leg for providing lossless and seamless transitions and/or handovers as described throughout Dai 543.
Although, Dai 543 does teach the M-DRB and the U-DRB of UE 102 may have a same LCID (i.e., first identity mentioned as association ID in Dai 543), Dai 543 does not specify the first identity as a first temporary mobile group identity (TMGI) as mentioned in the claims. Paragraph [0118] of Dai 543 states the association ID may include one of the followings: an M-DRB ID, a U-DRB ID, a logical channel ID (LCID), a temporary mobile group identifier (TMGI). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 543’s TMGI as the association ID/first identity for providing lossless and seamless transitions and/or handovers as described throughout Dai 543.
Regarding Claims 23 and 30, Dai 543 discloses wherein the WTRU is configured to receive the multicast data associated with the first TMGI via at least one of the PTP leg or the PTM leg of the first MBS radio bearer (see paragraph [0113]).
Regarding Claims 41 and 44, Dai 543 discloses wherein the first configuration information is received via a radio resource control (RRC) message (see paragraph [0041]).
Claim(s) 22, 24-27, 29, 31-34, 42-43 and 45-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai 543 in view of Dai et al., U.S. Publication No. 2023/0284101 (Dai 101).
Regarding Claims 22 and 29, Dai 543 discloses the WTRU, method and associated with the first TMGI as described above. Dai 543 fails to disclose wherein the WTRU is configured to monitor both the PTP leg and the PTM leg of the first MBS radio bearer to determine whether to receive the multicast data via the PTP leg or the PTM leg of the first MBS radio bearer. Dai 101 discloses wherein the WTRU is configured to monitor both the PTP leg and the PTM leg of the first MBS radio bearer to determine whether to receive the multicast data via the PTP leg or the PTM leg of the first MBS radio bearer (see paragraph [0060]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 24 and 31, Dai 543 discloses the WTRU, method and associated with the first TMGI as described above. Dai 543 fails to disclose wherein the WTRU is configured to: receive an indication to switch from (i) the PTP leg to the PTM leg of the first MBS radio bearer or (ii) from the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data. Dai 101 discloses wherein the WTRU is configured to: receive an indication to switch from (i) the PTP leg to the PTM leg of the first MBS radio bearer (see paragraph [0058]) or (ii) from the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 25 and 32, Dai 543 discloses the WTRU, method and associated with the first TMGI as described above. Dai 543 fails to disclose wherein the WTRU is configured to: send, to the base station, an acknowledgment indicating the switch from (i) the PTP leg to the PTM leg of the first MBS radio bearer or (ii) the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data. Dai 101 discloses wherein the WTRU is configured to: send, to the base station, an acknowledgment indicating the switch from (i) the PTP leg to the PTM leg of the first MBS radio bearer or (ii) the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data (see figure 3 and paragraph [0051]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 26 and 33, Dai 543 discloses the WTRU, method and associated with the first TMGI as described above. Dai 543 fails to disclose wherein the WTRU is configured to: receive, from the base station, information indicating a switch from the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data. Dai 101 discloses wherein the WTRU is configured to: receive, from the base station, information indicating a switch from the PTM leg to the PTP leg of the first MBS radio bearer for reception of the multicast data (see figure 3 and paragraph [0046]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 27 and 34, Dai 543 discloses the WTRU, method and associated with the first TMGI as described above. Dai 543 fails to disclose wherein the WTRU is configured to: receive, from the base station, information indicating a switch from the PTP leg to the PTM leg of the first MBS radio bearer for reception of the multicast data. Dai 101 discloses wherein the WTRU is configured to: receive, from the base station, information indicating a switch from the PTP leg to the PTM leg of the first MBS radio bearer for reception of the multicast data (see paragraph [0058]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 42 and 45, Dai 543 discloses the WTRU and method as described above. Dai 543 fails to disclose wherein the WTRU is configured to receive second configuration information, wherein the second configuration information indicates a multicast radio bearer type change for at least one of the first MBS radio bearer or the second MBS radio bearer. Dai 101 discloses wherein the WTRU is configured to receive second configuration information (i.e., PTP mode configuration 330), wherein the second configuration information indicates a multicast radio bearer type change for at least one of the first MBS radio bearer or the second MBS radio bearer (see figure 3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
Regarding Claims 43 and 46, Dai 543 discloses the WTRU and method as described above. Dai 543 fails to disclose wherein the WTRU is configured to send, to the base station, a packet data convergence protocol (PDCP) status report in response to receiving the second configuration information. Dai 101 discloses wherein the WTRU is configured to send, to the base station, a packet data convergence protocol (PDCP) status report (i.e., data receiving status report 340) in response to receiving the second configuration information (see figure 3 and paragraph [0087]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Dai 101’s invention with Dai 543’s invention for decreasing delay and allowing more efficient switching as described throughout Dai 101.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number (571)272-0886. 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 for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
July 28, 2026
Prosecution Insights