DETAILED ACTION
Claim(s) 1-4, 6-10, 12-18, and 20-25 have been examined and are pending.
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 Remarks/Arguments
Prior Art Rejection(s)
In the Non-Final Rejection mailed August 13, 2025 the status of the claims in light of the prior art of record was as follow(s): Claim(s) 13, 14, 15, 16, and 24 were rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ). Claim(s) 1, 2, 3, 4, 6, 8, 9, 10, 17, 18, 19, were rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1). Claim(s) 5 and 7, were rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1) in view of DAI (US 20240056901 A1). Claim(s) 20 were rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1) and further in view of WANG (“US 20230292227 A1”). Claim(s) 11, 12, 21-23, and 25, were objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Responsive to the prior art rejection(s) of said claim(s) the following amendments were made to the claim(s): Independent Claim 1 was amended to incorporate limitation(s) from dependent claim 5. Claim 5 was cancelled. Independent Claim 10 was amended to incorporate limitation(s) from dependent claim 11. Claim 11 was cancelled. Independent claim 13 was also amended to incorporate features from claim 5. Independent Claim 16, was amended to incorporate limitations from claim 11. Independent claim 18, was amended to incorporate limitation(s) from dependent claim 19 and additional features. Claim 19 was cancelled. Independent claim 24 was amended to incorporate limitation(s) from claim 19 and additional features. Further responsive to the prior art rejection(s) of said claim(s), Applicants have argued that prior art of record fails to teach or suggest the feature(s) of amended claim 1, amended claim 13, amended claim 16, amended claim 18, and amended claim 24.
Regarding amendments to Claim(s) 10 and 16, said claims are allowed. Claim 12 is allowed by virtue of dependency on claim 10. Regarding Applicants’ arguments made in response to amended claim(s) 18 and 24, said arguments have been carefully considered and are persuasive. Responsive to the amendments and arguments a new ground of rejection has been made in view of in view of LEE (US 20180324646 A1). The arguments with respect to claim(s) 18 and 24 are regarded as moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Regarding the arguments made with respect to amended claim(s) 1, and 13, said arguments were found unpersuasive. The arguments will be addressed below.
Claim(s) 1 and 13
Applicants argue that the prior art of record, the combination of 3GPP in view of KADIRI (US 20240022968 A1) in view of DAI (US 20240056901 A1) fails to render obvious the feature(s) of independent claim 1, because the combination fails to teach or suggest a feature, “…wherein the first information comprises a sequence number…” as arranged with the remaining elements of amended claim 1. In the Non-Final Rejection, 3GPP in view of KADIRI was found to be silent on this feature. Thus, DAI was introduced to remedy the deficiencies of 3GPP in view of KADIRI with respect to claim 1 (See Non-Final Rejection mailed August 13, 2025, Page(s) 19-20, with respect to claim 5). Applicants argue that DAI fail to remedy the deficiencies with respect to the feature in question because (See Remarks, Page(s) 14-15):
“With respect to claim 1, as explained above, 3GPP is completely silent with respect to first information comprising a sequence number. Moreover, Dai discloses that the end marker assistant information indicating packet sequence number is transmitted to the core network. However, Dai does not disclose that the "end marker packets" transmitted to the source node comprise the packet sequence number.”
In response to the argument that the prior art of record fails to teach/suggest “…wherein the first information comprises a sequence number…” because DAI, “…does not disclose that the "end marker packets" transmitted to the source node comprise the packet sequence number…”, it is noted that claim 1 doesn’t require that an end marker packet comprise a packet sequence number, but that the “first information” comprise a sequence number (See amended claim 1).
“receiving first information for determining a last packet to be forwarded to a target radio access node to which a communications device is being handed over from the source radio access node, said source radio access node providing a multicast or broadcasting service to the communications device, wherein the first information comprises a sequence number…”
The claim is silent on the first information and/or sequence number being contained within an “end marker packet”. Additionally, it is noted that the features upon which applicant relies (i.e., "end marker packets" transmitted to the source node comprise the packet sequence number”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Thus, arguments made with respect to amended claim 1 are unpersuasive. Furthermore, since similar arguments have been made with respect to amended claim 13, these arguments are found unpersuasive for the same reasons provided with respect to claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 13, 14, and 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of DAI (US 20240056901 A1).
In regards to claim 13, 3GPP ("3rd Generation Partnership Project; Technical Specification Group
Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX;
FRANCE, 30 November 2020 (2020-11-30), ХP051963796,) teaches a method comprising:
receiving, at a source radio access node, first information for determining a last packet to be forwarded to a target radio access node to which a communications device is being handed over from the source radio access node, said source radio access node providing a multicast or broadcasting service to the communications device, ( See [6.27.2.1 Xn based handover]
“2. In the Handover Request sent to the target RAN.
Depending on whether the source gNB has established the MBS Session (i.e. the shared MBS traffic delivery method for the UE) or not, in the request sent to Target gNB the Source gNB includes:
a) both MBS Session information including the associated MBS Session identifier and unicast PDU Session information (i.e. the shared MBS traffic delivery method is configured for the UE)…
19. If multicast data are transported via multicast, the SMF provides endpoint information including the transport multicast address to the UPF. The SMF instructs the UPF to send the end marker packet towards the source gNB and to send subsequent packets towards the target gNB within the unicast PDU Session.
21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”
); and
causing the last packet to be forwarded from the source radio access node to the target radio access node with end information indicating that there no further packets are being forwarded (See See [6.27.2.1 Xn based handover] “21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”” ).
3GPP differs from claim 13, in that 3GPP is silent on wherein the first information comprises a sequence number. Despite these differences similar features have been seen in other prior art involving a handover of 5G MBMS service. DAI (US 20240056901 A1) teaches where first information (i.e. information for determining a last packet to be forwarded in a handover process), comprises a sequence number (“[0074] Based on the received transmission information, the target node may transmit MBS end marker assistant information to the core network in step 509. The MBS end marker assistant information is used for setting at least one end maker packet to the source node by the CN. According to some embodiments of the present application, the MBS end marker assistant information may indicate at least one packet sequence number of the following: a packet sequence number of a last packet to be forwarded, which at least one end marker packet will be followed; a packet sequence number of a packet to be forwarded before or after at least one end marker packet; and a highest packet sequence number of missed packets in the target node.”).
Thus based upon the teachings of DAI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the 5G MBMS handover feature of 3GPP by adopting use of a sequence number to indicate a last packet to be forwarded, realizing that use of a sequence number can be used in addition to, or as a reliable alternative of, the end marker feature of 3GPP for indicating a last packet to be forwarded.
In regards to claim 14, 3GPP teaches the method as claimed in claim 13, comprising receiving at the source radio access node one or more packets to be forwarded to the target radio access node via a multicast shared tunnel for a multicast or broadcasting service session(See [6.27.2.1 Xn based handover] “If Target gNB support MBS and the MBS delivery session for the indicated MBS Session has not been established towards Target gNB, the Target gNB allocates the shared downlink tunnel information for receiving the MBS data from 5GC and step 3 to 7 applies:”)
In regards to claim 15, 3GPP The method as claimed in claim 13, comprising the first information at the source radio access node via a unicast tunnel which is associated with a multicast shared channel corresponding to the same multicast or broadcasting service session (See [6.27.2.1 Xn based handover] “If Target gNB support MBS and the MBS delivery session for the indicated MBS Session has not been established towards Target gNB, the Target gNB allocates the shared downlink tunnel information for receiving the MBS data from 5GC and step 3 to 7 applies:”)
Claim(s) 1, 2, 3, 4, 6, 7, 8, 9, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1) in view of DAI (US 20240056901 A1).
In regards to claim 1, 3GPP ("3rd Generation Partnership Project; Technical Specification Group
Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX;
FRANCE, 30 November 2020 (2020-11-30), ХP051963796,) teaches an apparatus in a source radio access node, said apparatus comprising:
receiving first information for determining a last packet to be forwarded to a target radio access node to which a communications device is being handed over from the source radio access node, said source radio access node providing a multicast or broadcasting service to the communications device, wherein the first information comprises a sequence number ( See [6.27.2.1 Xn based handover]
“2. In the Handover Request sent to the target RAN.
Depending on whether the source gNB has established the MBS Session (i.e. the shared MBS traffic delivery method for the UE) or not, in the request sent to Target gNB the Source gNB includes:
a) both MBS Session information including the associated MBS Session identifier and unicast PDU Session information (i.e. the shared MBS traffic delivery method is configured for the UE)…
19. If multicast data are transported via multicast, the SMF provides endpoint information including the transport multicast address to the UPF. The SMF instructs the UPF to send the end marker packet towards the source gNB and to send subsequent packets towards the target gNB within the unicast PDU Session.
21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”
); and
causing the last packet to be forwarded from the source radio access node to the target radio access node with end information indicating that there no further packets are being forwarded (See See [6.27.2.1 Xn based handover] “21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”” ).
3GPP differs from claim 1, in that 3GPP is silent on the apparatus comprising at least one processor; and at least one memory storing instructions which, when executed by the at least one processor, causes the apparatus to perform the features of claim 1. 3GPP further differs from claim 1, in that 3GPP is silent on wherein the first information comprises a sequence number. Despite these differences similar features have been seen in other prior art involving wireless communication. KADIRI (US 20240022968 A1) teaches where an apparatus comprises at least one processor and at least one memory storing instructions that when executed by the processor cause the apparatus to perform features pertaining to wireless communication (“[0010] In some aspects, a source base station for wireless communication at least one processor and at least one memory, communicatively coupled with the at least one processor, that stores processor-readable code. The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station may to …The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station to perform a handover to a target base station based at least in part on the indication.”).
Thus, based upon the teachings of KADIRI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP such that apparatus uses a processor and a memory storing machine-readable code, in order to provide a benefit of a physical structure that can implement the features described in 3GPP. The combined teachings of 3GPP in view of KADIRI further differ from claim 1, in that the combined teachings are silent on wherein the first information comprises a sequence number. Despite these differences similar features have been seen in other prior art involving a handover of 5G MBMS service.
DAI (US 20240056901 A1) teaches where first information (i.e. information for determining a last packet to be forwarded in a handover process), comprises a sequence number (“[0074] Based on the received transmission information, the target node may transmit MBS end marker assistant information to the core network in step 509. The MBS end marker assistant information is used for setting at least one end maker packet to the source node by the CN. According to some embodiments of the present application, the MBS end marker assistant information may indicate at least one packet sequence number of the following: a packet sequence number of a last packet to be forwarded, which at least one end marker packet will be followed; a packet sequence number of a packet to be forwarded before or after at least one end marker packet; and a highest packet sequence number of missed packets in the target node.”).
Thus based upon the teachings of DAI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the 5G MBMS handover feature of 3GPP by adopting use of a sequence number to indicate a last packet to be forwarded to thus arrive at claim 5, realizing that use of a sequence number can be used in addition to, or as a reliable alternative of, the end marker feature of 3GPP for indicating a last packet to be forwarded.
In regards to claim 17, 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796,) (See [6.27.2.1 Xn based handover])
3GPP differs from claim 17, in that 3GPP is silent on a non-transitory computer-readable medium, said computer-readable medium being encoded with computer executable instructions which when executed on at least processor causes the method of claim 13 to be performed. Despite these differences similar features have been seen in other prior art involving wireless communication. KADIRI (US 20240022968 A1) teaches where a non-transitory computer readable medium, memory, encoded with computer executable instructions, that when executed on at least a processor cause wireless communication features to be performed (“[0010] In some aspects, a source base station for wireless communication at least one processor and at least one memory, communicatively coupled with the at least one processor, that stores processor-readable code. The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station may to …The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station to perform a handover to a target base station based at least in part on the indication…[0053] The controller/processor 240 of the base station 110, the controller/processor 280 of the UE 120, or any other component(s) of FIG. 2 may perform one or more techniques associated with inter-RAT handover with multicast broadcast service continuity, as described in more detail elsewhere herein. For example, the controller/processor 240 of the base station 110, the controller/processor 280 of the UE 120, or any other component(s) of FIG. 2 may perform or direct operations of, for example, process 700 of FIG. 7, process 800 of FIG. 8, process 900 of FIG. 9, or other processes as described herein. The memory 242 and the memory 282 may store data and program codes (for example, processor-readable codes) for the base station 110 and the UE 120, respectively. In some examples, the memory 242 or the memory 282 may include a non-transitory computer-readable medium storing one or more instructions (for example, code, processor-readable code, or program code) for wireless communication. For example, the one or more instructions (for example, the processor-readable code), when executed (for example, directly, or after compiling, converting, or interpreting) by one or more processors of the base station 110 or the UE 120, may cause the one or more processors, the UE 120, or the base station 110 to perform or direct operations of, for example, process 700 of FIG. 7, process 800 of FIG. 8, process 900 of FIG. 9, or other processes as described herein. In some examples, executing instructions may include running the instructions, converting the instructions, compiling the instructions, or interpreting the instructions, among other examples.”).
Thus, based upon the teachings of KADIRI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP such that apparatus uses non-transitory computer readable medium, to thus arrive at claim 13, in order to provide a benefit of a product that can implement the features described in 3GPP.
In regards to claim 2, 3GPP teaches the apparatus as claimed in claim 1, wherein the apparatus is further caused to perform for receiving at the source radio access node via a multicast shared tunnel for a multicast or broadcasting service session one or more packets to be forwarded to the target radio access node (See [6.27.2.1 Xn based handover] “If Target gNB support MBS and the MBS delivery session for the indicated MBS Session has not been established towards Target gNB, the Target gNB allocates the shared downlink tunnel information for receiving the MBS data from 5GC and step 3 to 7 applies:”)
In regards to claim 3, 3GPP teaches the apparatus as claimed in claim 2, wherein the apparatus is further caused to perform receiving the first information at the source radio access node via a unicast tunnel which is associated with a multicast shared tunnel corresponding to the same multicast or broadcasting service session(See [6.27.2.1 Xn based handover] “If Target gNB support MBS and the MBS delivery session for the indicated MBS Session has not been established towards Target gNB, the Target gNB allocates the shared downlink tunnel information for receiving the MBS data from 5GC and step 3 to 7 applies:”)
In regards to claim 4, 3GPP teaches the apparatus as claimed in claim 1, wherein the first information comprises an end marker (See [6.27.2.1 Xn based handover] “21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”” ).
In regards to claim 6, 3GPP teaches the apparatus as claimed in claim 1, wherein the first information comprises information indicating a first packet which is directly sent to the target radio access node (See [6.27.2.1 Xn based handover] “21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”” ).
In regards to claim 7, 3GPP is silent on the apparatus as claimed in claim 1, wherein the apparatus is further caused to perform determining a packet having a sequence number preceding a sequence number of the first packet as the last packet to be forwarded.
DAI (US 20240056901 A1) teaches where first information (i.e. information for determining a last packet to be forwarded in a handover process), comprises a sequence number. DAI also teaches determining a packet having a sequence number preceding a sequence number of a first packet as the last packet to be forwarded (“[0074] Based on the received transmission information, the target node may transmit MBS end marker assistant information to the core network in step 509. The MBS end marker assistant information is used for setting at least one end maker packet to the source node by the CN. According to some embodiments of the present application, the MBS end marker assistant information may indicate at least one packet sequence number of the following: a packet sequence number of a last packet to be forwarded, which at least one end marker packet will be followed; a packet sequence number of a packet to be forwarded before or after at least one end marker packet; and a highest packet sequence number of missed packets in the target node.”).
Thus based upon the teachings of DAI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the 5G MBMS handover feature of 3GPP by adopting use of a sequence number to indicate a last packet to be forwarded, realizing that use of a sequence number can be used in addition to, or as a reliable alternative of, the end marker feature of 3GPP for indicating a last packet to be forwarded.
In regards to claim 8, 3GPP teaches the apparatus as claimed in claim 1, wherein the end information comprises one or more end marker packets (See [6.27.2.1 Xn based handover] “21. The Source gNB forwards the end marker to Target gNB via the PDU session. The target gNB starts to send the buffered packets for the PDU Session including buffered MBS data if any to the UE.”” ).
In regards to claim 9, 3GPP teaches the apparatus as claimed in claim 1, wherein the target radio access node does not support a multicast or broadcast service (See [6.27.2.1 Xn based handover] “ Case B) The Target gNB does not support MBS and the UPF is not yet configured to forward multicast data via unicast. Steps 15 to 21 apply.”).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of LEE (US 20180324646 A1).
In regards to claim 24, 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796,) teaches a method comprising: receiving, in a target radio access node, unicast packets having a respective sequence number, the unicast packet being associated with a unicast from a source radio access node to a communication device, the communication device being handed over from the source radio access node to the target radio access node, said target radio access node providing a multicast or broadcasting service to the communications device; receiving multicast packets having a respective sequence number for the communication device; using the sequence number of the unicast packets and the multicast packets to determine duplicate packets; and (See [6.27.2.3 , Lossless packet transferring] “Depending on 3GPP RAN WG decision: If the Target RAN supports MBS, the MBS Session packets are forwarded to the Target RAN. This enables the Target RAN to address potential data loss or duplication for the UE being handed over, e.g. by a temporary unicast transmission of MBS data to the UE entering the cell until it is in synch with the multicast transmission in that cell. To enable the Target RAN to behave accordingly, a sequence number is inserted in for each data packet of the MBS session by MB-UPF and forwarded to NG-RAN.
During the handover procedure the Target NG-RAN compares the data packet sequence number of the forwarded MBS data from Source NG-RAN and the data packet sequence number of the MBS data received directly from 5GC. Based on the comparison the Target NG-RAN determines when to sends the MBS data received directly from 5GC to the UE. For example, when the data packet sequence number of the forwarded MBS data from Source gNB is equal to the data packet sequence number of the MBS data received directly from 5GC, the Target NG-RAN switches from unicast to multicast, the Source RAN set starts a timer when it starts to forward MBS packets to the Target RAN. When the timer expires, the Source RAN terminates the data forwarding. It is assumed when this timer is expired, the data packet gap of the MBS data between the two different gNB has been filled via the forwarding data path...”);
determining that the communication device has been configured to receive the multicast or broadcast service and (See [6.27.2.3, Lossless packet transferring] “Depending on 3GPP RAN WG decision: If the Target RAN supports MBS, the MBS Session packets are forwarded to the Target RAN. This enables the Target RAN to address potential data loss or duplication for the UE being handed over, e.g. by a temporary unicast transmission of MBS data to the UE entering the cell until it is in synch with the multicast transmission in that cell. To enable the Target RAN to behave accordingly, a sequence number is inserted in for each data packet of the MBS session by MB-UPF and forwarded to NG-RAN.
During the handover procedure the Target NG-RAN compares the data packet sequence number of the forwarded MBS data from Source NG-RAN and the data packet sequence number of the MBS data received directly from 5GC. Based on the comparison the Target NG-RAN determines when to sends the MBS data received directly from 5GC to the UE. For example, when the data packet sequence number of the forwarded MBS data from Source gNB is equal to the data packet sequence number of the MBS data received directly from 5GC, the Target NG-RAN switches from unicast to multicast, the Source RAN set starts a timer when it starts to forward MBS packets to the Target RAN. When the timer expires, the Source RAN terminates the data forwarding. It is assumed when this timer is expired, the data packet gap of the MBS data between the two different gNB has been filled via the forwarding data path...”).
3GPP differs from claim 24, in that 3GPP is silent on the target radio access node, transmitting a request to stop delivery of the unicast packet. However, similar features have been seen in other prior art involving handling of communication channel that is no longer required (i.e. channel for unicast packet when multicast and broadcast service is supported).
LEE (US 20180324646 A1) in [Fig. 4A, Par. 57] teaches a feature where a target RAN is configured to transmit a request (i.e. the handover request ack w/ session disallowed indicator) that leads to a stop of a delivery of packets (i.e. request to release N9 tunnel resources)(“[0056] Thereafter, the SMF may provide the anchor UPF with information for the N9 tunnel setup with the intermediate UPF (e.g., an identification address of the intermediate UPF and tunnel identification information) through the N4 session modification procedure. Then, at step 6 (418), the SMF may transmit, to the AMF, a PDU session handover response message including the PDU session identification information and CN tunnel information for the N3 tunnel setup with the target RAN at the intermediate UPF. At step 7a (420), the AMF transmits, to the target RAN, a handover request message including the PDU session handover response message received from the SMF. If a plurality of PDU session handover response messages are generated, the AMF may wait for a specific time to collect all the PDU session handover response messages and then deliver all the collected messages to the target RAN at a time. Upon receiving the handover request message, the target RAN allocates a resource for the N3 tunnel setup with the intermediate UPF with respect to a PDU session allowed by the target RAN. Then, at step 7b (420), the target RAN transmits, to the AMF, a handover request ACK message including RAN tunnel information of the session (e.g., an identification address of the target RAN and tunnel identification information) together with identification information of the session (e.g. PDU session ID). The handover request ACK message may further include session identification information and a cause indicator with respect to a PDU session disallowed by the target RAN.
[0057] Upon receiving the handover request ACK message, the AMF generates and transmits, using the identification information of a PDU session at step 8 (422), a modify PDU session request message to the SMF that controls the PDU session. At this time, the modify PDU session request message may include different information, depending on whether the target RAN allows or not a session. In case of a session allowed by the target RAN, the RAN tunnel information set up for the N3 tunnel by the target RAN may be included. In this case, the SMF may provide the RAN tunnel information to the intermediate UPF at step 9 (424) to complete the N3 tunnel setup. In case of a session disallowed by the target RAN, the SMF may request the intermediate UPF to release the N3 and N9 tunnel resources set up at step 4 above. At this time, for the session disallowed by the target RAN, the SMF may further perform a PDU session release procedure.”)
Thus based upon the teachings of LEE it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the feature for the handling of a communication channel taught by 3GPP, to adopt a feature for transmitting a request to stop a communication channel, which would result in stopping the delivery of the unicast packet, as similarly seen in LEE, in order to provide a benefit of efficient use of communication resource, by stopping delivery of packets and/or release a communication channel when the communication resources are no longer needed.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1) in view of DAI (US 20240056901 A1) in view of LEE (US 20180324646 A1).
In regards to claim 18, 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796,) teaches an apparatus in a target radio access node, said apparatus comprising:
receiving unicast packets having a respective sequence number, the unicast packet being associated with a unicast from a source radio access node to a communication device, the communication device being handed over from the source radio access node to the target radio access node, said target radio access node providing a multicast or broadcasting service to the communications device;
receiving multicast packets having a respective sequence number for the communication device;
using the sequence number of the unicast packets and the multicast packets to determine duplicate packets; and (See [6.27.2.3 , Lossless packet transferring] “Depending on 3GPP RAN WG decision: If the Target RAN supports MBS, the MBS Session packets are forwarded to the Target RAN. This enables the Target RAN to address potential data loss or duplication for the UE being handed over, e.g. by a temporary unicast transmission of MBS data to the UE entering the cell until it is in synch with the multicast transmission in that cell. To enable the Target RAN to behave accordingly, a sequence number is inserted in for each data packet of the MBS session by MB-UPF and forwarded to NG-RAN.
During the handover procedure the Target NG-RAN compares the data packet sequence number of the forwarded MBS data from Source NG-RAN and the data packet sequence number of the MBS data received directly from 5GC. Based on the comparison the Target NG-RAN determines when to sends the MBS data received directly from 5GC to the UE. For example, when the data packet sequence number of the forwarded MBS data from Source gNB is equal to the data packet sequence number of the MBS data received directly from 5GC, the Target NG-RAN switches from unicast to multicast, the Source RAN set starts a timer when it starts to forward MBS packets to the Target RAN. When the timer expires, the Source RAN terminates the data forwarding. It is assumed when this timer is expired, the data packet gap of the MBS data between the two different gNB has been filled via the forwarding data path...”)
determining that the communication device has been configured to receive the multicast or broadcast service and (See [6.27.2.3, Lossless packet transferring] “Depending on 3GPP RAN WG decision: If the Target RAN supports MBS, the MBS Session packets are forwarded to the Target RAN. This enables the Target RAN to address potential data loss or duplication for the UE being handed over, e.g. by a temporary unicast transmission of MBS data to the UE entering the cell until it is in synch with the multicast transmission in that cell. To enable the Target RAN to behave accordingly, a sequence number is inserted in for each data packet of the MBS session by MB-UPF and forwarded to NG-RAN.
During the handover procedure the Target NG-RAN compares the data packet sequence number of the forwarded MBS data from Source NG-RAN and the data packet sequence number of the MBS data received directly from 5GC. Based on the comparison the Target NG-RAN determines when to sends the MBS data received directly from 5GC to the UE. For example, when the data packet sequence number of the forwarded MBS data from Source gNB is equal to the data packet sequence number of the MBS data received directly from 5GC, the Target NG-RAN switches from unicast to multicast, the Source RAN set starts a timer when it starts to forward MBS packets to the Target RAN. When the timer expires, the Source RAN terminates the data forwarding. It is assumed when this timer is expired, the data packet gap of the MBS data between the two different gNB has been filled via the forwarding data path...”).
3GPP differs from claim 18, in that 3GPP is silent on the apparatus comprising at least one processor; and at least one memory storing instructions which, when executed by the at least one processor, causes the apparatus to perform the features of claim 18. 3GPP further differs from claim 18, in that 3GPP is silent on the target radio access node, transmitting a request to stop delivery of the unicast packet Despite these differences similar features have been seen in other prior art involving wireless communication.
KADIRI (US 20240022968 A1) teaches where an apparatus comprises at least one processor and at least one memory storing instructions that when executed by the processor cause the apparatus to perform features pertaining to wireless communication (“[0010] In some aspects, a source base station for wireless communication at least one processor and at least one memory, communicatively coupled with the at least one processor, that stores processor-readable code. The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station may to …The processor-readable code, when executed by the at least one processor, may be configured to cause the source base station to perform a handover to a target base station based at least in part on the indication.”).
Thus, based upon the teachings of KADIRI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP such that apparatus uses a processor and memory with machine-readable code as described in claim 18, in order to provide a benefit of a physical structure that can implement the features described in 3GPP.
The combined teachings of 3GPP in view of KADIRI further differ from claim 18, in that the combined teachings are silent on where the target radio access node is caused to perform a step of transmitting a request to stop delivery of the unicast packet. However, similar features have been seen in other prior art involving handling of communication channel that is no longer required (i.e. channel for unicast packet when multicast and broadcast service is supported).
LEE (US 20180324646 A1) in [Fig. 4A, Par. 57] teaches a feature where a target RAN is configured to transmit a request (i.e. the handover request ack w/ session disallowed indicator) that leads to a stop of a delivery of packets (i.e. request to release N9 tunnel resources)(“[0056] Thereafter, the SMF may provide the anchor UPF with information for the N9 tunnel setup with the intermediate UPF (e.g., an identification address of the intermediate UPF and tunnel identification information) through the N4 session modification procedure. Then, at step 6 (418), the SMF may transmit, to the AMF, a PDU session handover response message including the PDU session identification information and CN tunnel information for the N3 tunnel setup with the target RAN at the intermediate UPF. At step 7a (420), the AMF transmits, to the target RAN, a handover request message including the PDU session handover response message received from the SMF. If a plurality of PDU session handover response messages are generated, the AMF may wait for a specific time to collect all the PDU session handover response messages and then deliver all the collected messages to the target RAN at a time. Upon receiving the handover request message, the target RAN allocates a resource for the N3 tunnel setup with the intermediate UPF with respect to a PDU session allowed by the target RAN. Then, at step 7b (420), the target RAN transmits, to the AMF, a handover request ACK message including RAN tunnel information of the session (e.g., an identification address of the target RAN and tunnel identification information) together with identification information of the session (e.g. PDU session ID). The handover request ACK message may further include session identification information and a cause indicator with respect to a PDU session disallowed by the target RAN.
[0057] Upon receiving the handover request ACK message, the AMF generates and transmits, using the identification information of a PDU session at step 8 (422), a modify PDU session request message to the SMF that controls the PDU session. At this time, the modify PDU session request message may include different information, depending on whether the target RAN allows or not a session. In case of a session allowed by the target RAN, the RAN tunnel information set up for the N3 tunnel by the target RAN may be included. In this case, the SMF may provide the RAN tunnel information to the intermediate UPF at step 9 (424) to complete the N3 tunnel setup. In case of a session disallowed by the target RAN, the SMF may request the intermediate UPF to release the N3 and N9 tunnel resources set up at step 4 above. At this time, for the session disallowed by the target RAN, the SMF may further perform a PDU session release procedure.”)
Thus based upon the teachings of LEE it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the feature for the handling of a communication channel taught by 3GPP in view of KADIRI, to adopt a feature for transmitting a request to stop a communication channel, which would result in stopping the delivery of the unicast packet, as similarly seen in LEE, in order to provide a benefit of efficient use of communication resource, by stopping delivery of packets and/or release a communication channel when the communication resources are no longer needed.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ("3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Study on architectural enhancements for 5G multicast-broadcast services (Release 17)", 3GPP DRAFT; SP-200964.ZIP 23757-120, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE; 650, ROUTE DES LUCIOLES; F-06921 SOPHIA-ANTIPOLIS CEDEX; FRANCE, 30 November 2020 (2020-11-30), ХP051963796, cited in IDS received August 1, 2023 ) in view of KADIRI (US 20240022968 A1) in view of DAI (US 20240056901 A1) in view of LEE (US 20180324646 A1) and further in view of WANG (“US 20230292227 A1”).
In regards to claim 20, 3GPP is silent on the apparatus as claimed in claim 18, wherein the source radio access node does not support a multicast or broadcast service. However, similar features have been seen in other prior art involving 5G handover. WANG (“US 20230292227 A1”) however teaches a 5G handover feature where a source radio access node doesn’t support a multicast or broadcast service in a handover process (“[0145] In an embodiment, a UE camping in a source RAN which does not support the MBS receives multicast data via the unicast PDU session. When the UE moves to a target RAN which supports the MBS, the unicast PDU session may be converted to the multicast session. The following embodiments illustrate a multicast service join procedure and the procedure for delivery method switch from unicast to multicast due to inter-RAN handover based on at least two different architecture alternatives.”).
Thus, based upon the teachings of WANG it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP such that the source radio access node doesn’t support MBMS, thus arriving at claim 20, in order to provide a benefit of support of a MBMS service in a handover situation when the source RAN node isn’t MBMS capable and the target RAN node is MBMS capable.
Allowable Subject Matter
Claim 10, 12, 16, 21-23 and 25 are allowed.
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 TARELL A HAMPTON whose telephone number is (571)270-7162. The examiner can normally be reached 9:00 AM - 5:00 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, Ayaz Sheikh can be reached at 5712723795. 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.
/TARELL A HAMPTON/Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
Prosecution Insights