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 04/08/2026 have been fully considered but they are not persuasive. Applicant essentially argues that the applied references do not teach or disclose the amended limitations.
The Examiner respectfully disagrees. Apple clearly discloses “wherein the user data packets received on the dedicated radio bearer and on the multicast broadcast service radio bearer are combined at the mobile device based on the aligned packet data convergence protocol sequence numbers.” Apple discloses in paragraph 0136, 0137 and 0141; wherein the user data packets received on the dedicated radio bearer (0137, when a MRB configured with both PTM-RLC and PTP-RLC, the PDCP feedback may be transmitted via the PTP-RLC entity) and on the multicast broadcast service radio bearer (0136, UE provides feedback via a PDCP later of the UE for MBMS reception for each MBMS specific dedicated resource bearer) are combined at the mobile device based on the aligned packet data convergence protocol sequence numbers (0141, at 802, a UE, such as UE 106, may receive a PDCP protocol data unit (PDU) PTM transmission from a base station (e.g., from a network via the base station), such as base station 102. The PDCP PDU PTM transmission may include PDUs #1-#9. However, PDUs #4-#6 may not be received by the UE, as shown. Thus, at 804, the UE may provide feedback to the base station via the PTM with an indication that PDUs #4-#6 were not received. At 806, in response to the feedback, the UE may receive a PDCP PDU PTM retransmission from the base station, where the PDCP PDU PTM retransmission includes PDUs #4-#6.)
Thus, all the argued and claimed limitations have been met.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6, 7 and 9-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230247687 A1 herein Hori in view of US 20220322288 A1 herein Xu in view of US 20220322289 A1 herein Apple.
Claim 1, Hori discloses A method of data communication (Figs. 4, 9 and 13), comprising:
configuring, by a network node, a first mapping between a dedicated radio bearer and a protocol data unit session for a mobile device, wherein the first mapping enables data communication with the mobile device in a point-to-point mode (0055);
configuring, by the network node, a second mapping between a multicast broadcast service radio bearer and a multicast broadcast service session for one or more mobile devices including the mobile device, wherein the second mapping enables data communication with the mobile device in a point-to-multipoint mode (0231-0232 and 0236); and
providing user data to the mobile device using one of (1) the point-to-point mode, (2) the point-to-multipoint mode (0230), or (3) a combination of the point-to-point mode and the point-to-multipoint mode, wherein the first mapping includes a quality of service (QoS) flow mapped to the dedicated radio bearer and the second mapping includes a quality of service (QoS) flow mapped to the multicast broadcast service radio bearer (0231 and 0245-0246), and wherein the QoS flow of the first mapping is identical to the QoS flow of the second mapping (0055).
Hori may not explicitly disclose wherein the providing user data to the mobile device using the combination of the point- to-point mode and the point-to-multipoint mode includes transmitting the user data in the point- to-point mode and the point-to-multipoint mode simultaneously.
Xu discloses disclose wherein the providing user data to the mobile device using the combination of the point- to-point mode and the point-to-multipoint mode includes transmitting the user data in the point- to-point mode and the point-to-multipoint mode simultaneously (0005, 0186, 0197, simultaneous reception of MBMS in PTM and Unicast/PTP modes). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hori to include simultaneous reception/transmission of MBMS on point to point and point to multi-point modes as taught by Xu so as to fulfill desired improvements in the art (0003).
Hori in view of Xu may not explicitly disclose wherein packet data convergence protocol sequence numbers associated with the QoS flow on the dedicated radio bearer and on the multicast broadcast service radio bearer are aligned, wherein the user data packets received on the dedicated radio bearer and on the multicast broadcast service radio bearer are combined at the mobile device based on the aligned packet data convergence protocol sequence numbers.
Apple discloses wherein packet data convergence protocol sequence numbers associated with the QoS flow on the dedicated radio bearer and on the multicast broadcast service radio bearer are aligned (0138, PDCP reordering window for the missing PDUs); wherein the user data packets received on the dedicated radio bearer (0137, when a MRB configured with both PTM-RLC and PTP-RLC, the PDCP feedback may be transmitted via the PTP-RLC entity) and on the multicast broadcast service radio bearer (0136, UE provides feedback via a PDCP later of the UE for MBMS reception for each MBMS specific dedicated resource bearer) are combined at the mobile device based on the aligned packet data convergence protocol sequence numbers (0141, at 802, a UE, such as UE 106, may receive a PDCP protocol data unit (PDU) PTM transmission from a base station (e.g., from a network via the base station), such as base station 102. The PDCP PDU PTM transmission may include PDUs #1-#9. However, PDUs #4-#6 may not be received by the UE, as shown. Thus, at 804, the UE may provide feedback to the base station via the PTM with an indication that PDUs #4-#6 were not received. At 806, in response to the feedback, the UE may receive a PDCP PDU PTM retransmission from the base station, where the PDCP PDU PTM retransmission includes PDUs #4-#6.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hori in view of Xu to include PDCP PDU reordering as taught by Apple so as to provide reliable delivery of packets.
Claim 2, Hori discloses The method of claim 1, wherein the using the at least one of the point-to-point mode or the point-to-multipoint mode comprises: transmitting the user data to the mobile device in the point-to-point mode; transmitting the user data to the mobile device in the point-to-multipoint mode; and switching between the point-to-point mode and the point-to-multipoint mode (0230-0232).
Claim 3, Hori discloses The method of claim 1, wherein the multicast broadcast service session includes one or more quality of service (QoS) flows mapped to one or more multicast broadcast radio bearers (0231).
Claim 4, Hori discloses The method of claim 1, wherein the first mapping between the dedicated radio bearer and the protocol data unit session for a mobile device applies to all of the one or more mobile devices including the mobile device (0055).
Claim 6, Hori discloses The method of claim 1, wherein the providing the user data to the mobile device using a combination of the point-to-point mode and/or the point-to-multipoint mode includes transmitting the user data in the point-to-point mode and the point-to-multipoint mode simultaneously (0230, usage of PTP and PTM of transferring data).
Claim 7, Hori discloses The method of claim 1, further comprising: determining, by the network node, whether mobile devices in a network satisfy a predetermined condition that requires configuring a multicast broadcast radio bearer to be shared by the mobile devices in a point-to-multipoint mode (0069), wherein the second mapping between the multicast broadcast service radio bearer and the multicast broadcast service session for the one or more mobile devices including the mobile device is configured upon determination that the mobile devices in a network satisfy the predetermined condition (0069, interest from a UE for a MBS).
Claim 9, as analyzed with respect to the limitations as discussed in claim 1.
Claim 10, as analyzed with respect to the limitations as discussed in claim 1.
Claim 11, Hori discloses The method of claim 9, wherein the signal reception through the point-to-multipoint communication satisfies the predetermined condition upon a determination that a quality of a signal reception through the point-to-multipoint communication is superior to a quality of a signal reception through the point-to-point communication (0180-0182, handover to another RAT (radio access technology)).
Claim 12, Hori discloses The method of claim 9, wherein the signal reception through the point-to-multipoint communication fails to satisfy the predetermined condition upon a determination that a quality of a signal reception through the point-to-multipoint communication is inferior to a quality of a signal reception through the point-to-point communication (0130).
Claim 13, Hori discloses The method of claim 9, further comprising switching between the point-to-multipoint communication and the point-to-point communication based on the notification in receiving the user data associated with the multicast broadcast service session (0130).
Claim 14, as analyzed with respect to the limitations as discussed in claim 6.
Claim 15, as analyzed with respect to the limitations as discussed in claim 1.
Claim 16, as analyzed with respect to the limitations as discussed in claim 1.
Claim 17, as analyzed with respect to the limitations as discussed in claim 11.
Claim 18, as analyzed with respect to the limitations as discussed in claims 1 and 4.
Claim 19, as analyzed with respect to the limitations as discussed in claims 1 and 3.
Claim 20. Hori discloses The method of claim 15, further comprising: transmitting a notification, by the mobile device, to the network node that the point-to-multipoint communication fails to satisfy the predetermined condition; and resuming the receiving of the user data associated with the multicast broadcast service session using the point-to-point communication (0130, retransmission request in order to ensure quality of service).
Claim 21, as analyzed with respect to the limitations as discussed in claim 1. Hori discloses a processor (Fig. 5: 502).
Claim 22, as analyzed with respect to the limitations as discussed in claim 1. Hori discloses a processor (Fig. 5: 502).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hori in view of Xu in view of Apple in view of US 20230025675 A1 herein Jia.
Claim 5, Hori discloses The method of claim 1. Hori may not explicitly disclose wherein user data associated with the protocol data unit session and user data associated with the multicast broadcast service session are transmitted through a shared tunnel such that packet data convergence protocol (PDCP) sequence numbers associated with the protocol data unit session and the multicast broadcast service session are aligned.
Jia discloses wherein user data associated with the protocol data unit session and user data associated with the multicast broadcast service session are transmitted through a shared tunnel (0117; delivering MBMS on an existing PDU session, thus MNMS and user data) such that packet data convergence protocol (PDCP) sequence numbers associated with the protocol data unit session and the multicast broadcast service (intended result – the clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited, MPEP 2111.04).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hori in view of Xu in view of Apple in view of US 20060094408 A1 herein Hu.
Claim 8, Hori discloses The method of claim 7. Hori may not explicitly disclose wherein the predetermined condition is associated with at least one of: a comparison between a total number of mobile devices in a network area and a predetermined threshold value; or a location of the mobile device in the network area relative to a center of the network area.
Hu discloses wherein the predetermined condition is associated with at least one of: a comparison between a total number of mobile devices in a network area and a predetermined threshold value (Fig. 2: setting a number of total users in order to switch from PTP (point to point) to PTM (point to multipoint; Claim 5); or a location of the mobile device in the network area relative to a center of the network area (Fig. 2: setting a number of total users in order to switch from PTP (point to point) to PTM (point to multipoint; Claim 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hori to include counting the number of users as taught by Hu so as to take full advantage of the resources (0023).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230353986 A1 - An apparatus and a method for optimal delivery of a multicast/broadcast service (MBS) are provided. A method of an MBS user equipment (UE) includes determining a first indication message to be transmitted to a network, wherein the first indication message includes a UE status associated with an MBS and/or a need for switching an MBS delivery mode. The method further includes receiving a second indication message carrying an optimal delivery mode configuration such as the scheduling information of the switched MBS delivery mode, the frequency, and/or identity of the neighboring cells or the areas that broadcast the same service that the UE is receiving before switching the delivery mode. This can solve issues in the prior art, provide a dynamic, reliable, and/or efficient MBS delivery mode switching, support service continuity, provide a good communication performance, and/or provide high reliability.
Conclusion
THIS ACTION IS MADE FINAL. 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 Mehmood B. Khan whose telephone number is (571)272-9277. The examiner can normally be reached M-F 9:30 am-6:30 pm. 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, Nishant Divecha can be reached at (571) 270-3125. 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.
/Mehmood B. Khan/ Primary Examiner, Art Unit 2468
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