Prosecution Insights
Last updated: July 17, 2026
Application No. 18/300,947

COMMUNICATION CONTROL METHOD

Non-Final OA §103
Filed
Apr 14, 2023
Priority
Oct 16, 2020 — JP 2020-174886 +1 more
Examiner
SIXTO, NANCY
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
8 granted / 10 resolved
+22.0% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§103
91.8%
+51.8% vs TC avg
§102
3.4%
-36.6% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§103
DETAILED ACTION Claims 1-7 and 9 are presented for examination. Claims 1, 7 and 9 are amended. Claim 8 is cancelled. 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 3, 2026 has been entered. Response to Arguments Applicant’s arguments, see Remarks pages 5-7, filed April 3, 2026, with respect to the rejection(s) of claim(s) 1, 7 and 9 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference. Regarding the dependent claims 2-6, no arguments were presented as to their patentability and therefore the claims remain rejected as indicated in previous office action dated January 21, 2026. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claims 1, 4, 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20230319649 A1) in view of Rastegardoost (US 20200351729 A1). Regarding claim 1, Zhu teaches a communication control method used in a mobile communication system (Fig. 1), the mobile communication system providing a multicast broadcast service (MBS) from a base station to a user equipment ([0163] the UE receives the MBS (e.g. the MBS downlink data) via an MBS session through the RAN1 (step 701), see FIG. 7A.), the communication control method comprising: receiving, at a first base station configured to establish an MBS connection with a core network apparatus, MBS data from the core network apparatus through the MBS connection ([0157] In step 613, see FIG. 6B, the AF sends downlink traffic (e.g. MBS downlink data) towards the UPF+BMSC-U IP address and port number. In this embodiment, the UPF2 with the BMSC-U generates the MBS downlink traffic (e.g. by using the IP multicast address as a target IP address) and forwards the MBS downlink data towards the RAN via the shared N3 tunnel of the MBS session.)); transmitting, from the first base station to a first user equipment in multicast or broadcast, the MBS data received from the core network apparatus ([0163] More specifically, before the handover, the UE receives the MBS (e.g. the MBS downlink data) via an MBS session through the RAN1 (step 701), see FIG. 7A.); determining, by the first base station, handover of the first user equipment from the first base station to a second base station (Fig. 7; [0164] In step 702, based on radio measurements, the RAN1 may initiate the Xn based handover towards the RAN2 by sending a handover request (message). [0183] In step 802, based on radio measurements, the RAN1 sends a handover required message including target information of the handover and N2 SM information to the AMF1.); receiving, at the first base station from the core network apparatus, a notification regarding the MBS connection, wherein the notification comprises a second identifier, the second identifier identifying an MBS session provided by the second base station in multicast or broadcast (Fig. 8, [0191] In step 809, the AMF1 sends a handover command (e.g. comprising the target-to-source transparent container and/or the N2 SM information) to the RAN1. [0188] In an embodiment if the MBS session is activated in the RAN2, the target-to-source transparent container may also include a PTP radio resource and/or a PTM radio resource for the MBS session identified by the TMGI (second identifier identifying an MBS session provided by the second base station). [0112] The TMGI is used on a radio interface to uniquely identify the MBS. In an embodiment, the N2 SM information may also include RAN node information. In an embodiment, the RAN node information comprises the TMGI (MBS session ID). In an embodiment, the RAN node information indicates whether the MBS session is activated in the RAN2 (e.g. the status of the MBS session in the RAN2).).; transmitting a handover request message, from the first base station to the second base station, the handover request message including an identifier identifying an MBS session provided by the first base station in multicast or broadcast and data forwarding request information for the MBS session ((Fig. 7 shows RAN1 sending a handover request to RAN2. [0164] In step 702, based on radio measurements, the RAN1 may initiate the Xn based handover towards the RAN2 by sending a handover request (message). In an embodiment, the handover request may include a PDU session context subject to handover, wherein the PDU session context may comprises a TMGI from which the UE is authorized to receive an associated MBS. If an MBS session is activated for the MBS, based on QoS profile(s) of the MBS Session, the handover request message may also include information indicating whether data forwarding is needed to reduce the packet loss for the MBS session.); and transmitting from the second base station to the first base station, a handover response message including a data forwarding address for the MBS session ([0166] In this embodiment, the RAN2 returns a handover request ACK to the RAN1. In an embodiment, the handover request ACK includes information of all the radio resource successfully reserved for the UE in the RAN2. As an alternative or in addition, the handover request ACK may include information of the data forwarding tunnel and the PTP radio resource of the MBS session. In an embodiment of the MBS session is activated in the RAN2, the handover request ACK may also include the PTM radio resource of the MBS session identified by the TMGI.). Zhu does not teach the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station. Rastegardoost, in the same field of endeavor of wireless communication involving handovers teaches the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station ([0410] the handover command message from the MME/AMF to the source base station may include a transparent container to be sent to the wireless device as a control message (e.g., RRC message) to perform the handover. The container may include a new C-RNTI, target base station security algorithm identifiers for the selected security algorithms, a dedicated RACH preamble, access parameters, SIBs, and/or other configuration parameters. The target base station may generate the control message (e.g., RRC message) to perform the handover, for example, based on an RRC connection reconfiguration message including the mobility control information. The control message (e.g., RRC message) may be sent by the source base station towards the wireless device. [0411] The RRC reconfiguration message may comprise information required to access the target cell (e.g., target cell ID (first identifier identifying the second base station), new C-RNTI, target base station security algorithm identifiers for the selected security algorithms) The RRC reconfiguration message may also comprise: a set of dedicated RACH resources, the association between RACH resources and/or SSB(s), the association between RACH resources and/or wireless device-specific CSI-RS configuration(s), common RACH resources, and/or system information of the target cell.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the target cell ID of Rastegardoost in the handover command of Zhu. The motivation to do so would have been so that the wireless device may access the target cell without t needing to read the system information of the target cell. (Rastegardoost, [0396]). Regarding claim 4, Zhu teaches the communication control method according to claim 1, wherein the identifier is an identifier identifying an MBS session being received by the first user equipment ([0163] More specifically, before the handover, the UE receives the MBS (e.g. the MBS downlink data) via an MBS session through the RAN1 (step 701), see FIG. 7A. [0164] In an embodiment, the handover request may include a PDU session context subject to handover, wherein the PDU session context may comprises a TMGI from which the UE is authorized to receive an associated MBS. If an MBS session is activated for the MBS, based on QoS profile(s) of the MBS Session, the handover request message may also include information indicating whether data forwarding is needed to reduce the packet loss for the MBS session.). Regarding claim 6, Zhu teaches the communication control method according to claim 1, wherein the identifier comprises at least one of a group RNTI (Radio Network Temporary Identifier), a TMGI (Temporary Mobile Group Identity), a session ID, and a QoS (Quality of Service) flow ID ([0137] the UE is authorized to receive the MBS identified by the TMGI. [0112] The TMGI is used on a radio interface to uniquely identify the MBS.). Regarding claim 7, Zhu teaches a base station (Fig. 3, wireless network node 30) configured to establish a multicast broadcast service (MBS) connection with a core network apparatus, the base station comprising: a receiver ([0108] The communication unit 320 may be a transceiver) configured to receive MBS data from the core network apparatus through the MBS connection ([0157] In step 613, see FIG. 6B, the AF sends downlink traffic (e.g. MBS downlink data) towards the UPF+BMSC-U IP address and port number. In this embodiment, the UPF2 with the BMSC-U generates the MBS downlink traffic (e.g. by using the IP multicast address as a target IP address) and forwards the MBS downlink data towards the RAN via the shared N3 tunnel of the MBS session.)); a transmitter ([0108] The communication unit 320 may be a transceiver) configured to transmit to a user equipment in multicast or broadcast, the MBS data received from the core network apparatus ([0163] More specifically, before the handover, the UE receives the MBS (e.g. the MBS downlink data) via an MBS session through the RAN1 (step 701), see FIG. 7A.); a controller (Fig. 3, processor 300) configured to determine handover of the user equipment from the base station to another base station (Fig. 7; [0164] In step 702, based on radio measurements, the RAN1 may initiate the Xn based handover towards the RAN2 by sending a handover request (message). [0183] In step 802, based on radio measurements, the RAN1 sends a handover required message including target information of the handover and N2 SM information to the AMF1.); wherein the receiver is further configured to receive from the core network apparatus, a notification regarding the MBS connection, wherein the notification comprises a second identifier, the second identifier identifying an MBS session provided by the second base station in multicast or broadcast (Fig. 8, [0191] In step 809, the AMF1 sends a handover command (e.g. comprising the target-to-source transparent container and/or the N2 SM information) to the RAN1. [0188] In an embodiment if the MBS session is activated in the RAN2, the target-to-source transparent container may also include a PTP radio resource and/or a PTM radio resource for the MBS session identified by the TMGI (second identifier identifying an MBS session provided by the second base station). [0112] The TMGI is used on a radio interface to uniquely identify the MBS. In an embodiment, the N2 SM information may also include RAN node information. In an embodiment, the RAN node information comprises the TMGI (MBS session ID). In an embodiment, the RAN node information indicates whether the MBS session is activated in the RAN2 (e.g. the status of the MBS session in the RAN2).).; the transmitter is further configured to transmit a handover request message to the another base station, the handover request message including an identifier identifying an MBS session provided by the base station in multicast or broadcast and data forwarding request information for the MBS session ((Fig. 7 shows RAN1 sending a handover request to RAN2. [0164] In step 702, based on radio measurements, the RAN1 may initiate the Xn based handover towards the RAN2 by sending a handover request (message). In an embodiment, the handover request may include a PDU session context subject to handover, wherein the PDU session context may comprises a TMGI from which the UE is authorized to receive an associated MBS. If an MBS session is activated for the MBS, based on QoS profile(s) of the MBS Session, the handover request message may also include information indicating whether data forwarding is needed to reduce the packet loss for the MBS session.); and the receiver is further configured to receive from the another base station, a handover response message including a data forwarding address for the MBS session ([0166] In this embodiment, the RAN2 returns a handover request ACK to the RAN1. In an embodiment, the handover request ACK includes information of all the radio resource successfully reserved for the UE in the RAN2. As an alternative or in addition, the handover request ACK may include information of the data forwarding tunnel and the PTP radio resource of the MBS session. In an embodiment of the MBS session is activated in the RAN2, the handover request ACK may also include the PTM radio resource of the MBS session identified by the TMGI.). Zhu does not teach the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station. Rastegardoost, in the same field of endeavor of wireless communication involving handovers teaches the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station ([0410] the handover command message from the MME/AMF to the source base station may include a transparent container to be sent to the wireless device as a control message (e.g., RRC message) to perform the handover. The container may include a new C-RNTI, target base station security algorithm identifiers for the selected security algorithms, a dedicated RACH preamble, access parameters, SIBs, and/or other configuration parameters. The target base station may generate the control message (e.g., RRC message) to perform the handover, for example, based on an RRC connection reconfiguration message including the mobility control information. The control message (e.g., RRC message) may be sent by the source base station towards the wireless device. [0411] The RRC reconfiguration message may comprise information required to access the target cell (e.g., target cell ID (first identifier identifying the second base station), new C-RNTI, target base station security algorithm identifiers for the selected security algorithms) The RRC reconfiguration message may also comprise: a set of dedicated RACH resources, the association between RACH resources and/or SSB(s), the association between RACH resources and/or wireless device-specific CSI-RS configuration(s), common RACH resources, and/or system information of the target cell.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the target cell ID of Rastegardoost in the handover command of Zhu. The motivation to do so would have been so that the wireless device may access the target cell without needing to read the system information of the target cell. (Rastegardoost, [0396]). Regarding claim 9, Zhu teaches a core network apparatus (Fig. 3, the wireless network node 30 may comprise (e.g. perform, implement or realize) at least one network function such as an access and mobility management function (AMF), a session management function (SMF), a user place function (UPF), a policy control function (PCF), an application function (AF), a broadcast and multicast service center (BMSC), a network exposure function (NEF), etc.) configured to establish a multicast broadcast service (MBS) connection with a base station (Fig. 7 shows a core network apparatus (comprising of AMF, SMF, and UPF) providing an MBS service from RAN1 to a UE), the core network apparatus comprising: an apparatus (Fig. 3) configured to transmit MBS data to the base station through the MBS connection (Fig. 8, [0191] In step 809, the AMF1 sends a handover command (e.g. comprising the target-to-source transparent container and/or the N2 SM information) to the RAN1. [0188] In an embodiment if the MBS session is activated in the RAN2, the target-to-source transparent container may also include a PTP radio resource and/or a PTM radio resource for the MBS session identified by the TMGI (second identifier identifying an MBS session provided by the second base station). [0112] The TMGI is used on a radio interface to uniquely identify the MBS. In an embodiment, the N2 SM information may also include RAN node information. In an embodiment, the RAN node information comprises the TMGI (MBS session ID). In an embodiment, the RAN node information indicates whether the MBS session is activated in the RAN2 (e.g. the status of the MBS session in the RAN2.). Zhu does not teach the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station. Rastegardoost, in the same field of endeavor of wireless communication involving handovers teaches the notification from the core network apparatus comprises a first identifier, the first identifier identifying the second base station ([0410] the handover command message from the MME/AMF to the source base station may include a transparent container to be sent to the wireless device as a control message (e.g., RRC message) to perform the handover. The container may include a new C-RNTI, target base station security algorithm identifiers for the selected security algorithms, a dedicated RACH preamble, access parameters, SIBs, and/or other configuration parameters. The target base station may generate the control message (e.g., RRC message) to perform the handover, for example, based on an RRC connection reconfiguration message including the mobility control information. The control message (e.g., RRC message) may be sent by the source base station towards the wireless device. [0411] The RRC reconfiguration message may comprise information required to access the target cell (e.g., target cell ID (first identifier identifying the second base station), new C-RNTI, target base station security algorithm identifiers for the selected security algorithms) The RRC reconfiguration message may also comprise: a set of dedicated RACH resources, the association between RACH resources and/or SSB(s), the association between RACH resources and/or wireless device-specific CSI-RS configuration(s), common RACH resources, and/or system information of the target cell.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the target cell ID of Rastegardoost in the handover command of Zhu. The motivation to do so would have been so that the wireless device may access the target cell without needing to read the system information of the target cell. (Rastegardoost, [0396]). Claim Rejections - 35 USC § 103 Claims 2, 3 and 5 rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20230319649 A1) in view of Rastegardoost (US 20200351729 A1); further in view of Schliwa-Bertling (US 20230362740 A1). Regarding claim 2, Zhu in view of Rastegardoost teach claim 1 but do not teach in response to receiving the data forwarding request information, before transmitting the handover response message, establishing, by the second base station, an MBS connection with the core network apparatus. Schliwa-Bertling in the same field of MBS handover teaches further comprising in response to receiving the data forwarding request information, before transmitting the handover response message, establishing, by the second base station, an MBS connection with the core network apparatus (Fig. 6, [0085] If option 1 is used and Target NG-RAN does not already have an active MB Session Ctx for any TMGIs in the list in step 1: [0086] 2a. The Target NG-RAN announces its interest in the MB Session by sending a MB Session Command (TMGIs) to the AMF (core network apparatus). [0087] 2b. If an MB Session is set to active state above, the AMF sends an MB Session Resource Setup Request (TMGI, LL MC, 5G Authorized QoS Profile) message to the NG-RAN node. The NG-RAN creates an MB Session Ctxt (if it does not already exist), sets it to active state, stores the TMGI, the 5G Authorized QoS Profile and the AMF ID in the MB Session Ctx. The NG-RAN node returns an MB Session Resource Setup Response (TMGI) message to the AMF when resources have successfully been established. The AMF stores the NG-RAN ID of the Target NG-RAN node in the AMF MB Session Ctx. [0088] 2c. The Target NG-RAN joins the multicast group (i.e., LL MC address) for new active MB Sessions.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the steps of establishing, by the second base station, an MBS connection with the core network apparatus of Schliwa-Bertling in the MBS handover procedure of Zhu in view of Rastegardoost. The motivation to do so would have been to improve the performance of OTT services provided to the UEs using the OTT connections. More precisely, to improve the e.g., data rate, latency, power consumption, etc. and thereby provide benefits such as e.g., reduced user waiting time, relaxed restriction on file size, better responsiveness, extended battery lifetime, etc.. (Schliwa-Bertling, [0240]). Regarding claim 3, Schliwa-Bertling teaches the communication control method according to claim 2, wherein the establishing of the MBS connection with the core network apparatus comprises establishing, based on the identifier, the MBS connection with the core network apparatus ([0086] 2a. The Target NG-RAN announces its interest in the MB Session by sending a MB Session Command (TMGIs) to the AMF. The TMGI is the identifier.). Regarding claim 5, Zhu in view of Rastegardoost teaches the communication control method according to claim 1 but does not teach wherein the handover request message includes a plurality of the identifiers. Schliwa-Bertling in the same field of MBS handover teaches wherein the handover request message includes a plurality of the identifiers ([0084] MB Session Info for the MB Sessions the UE has joined is included in the Xn Handover Request message, with a list of {TMGI, active/inactive indicator, LL MC address}. The list of TMGIs includes all the MB sessions for the UE. This list can include a plurality of identifiers.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the steps of establishing, by the second base station, an MBS connection with the core network apparatus of Schliwa-Bertling in the MBS handover procedure of Zhu in view of Rastegardoost. The motivation to do so would have been to improve the performance of OTT services provided to the UEs using the OTT connections. More precisely, to improve the e.g., data rate, latency, power consumption, etc. and thereby provide benefits such as e.g., reduced user waiting time, relaxed restriction on file size, better responsiveness, extended battery lifetime, etc.. (Schliwa-Bertling, [0240]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park (US 20220322169 A1) discloses a method of sending, to a second base station, a message requesting a handover of the wireless device that comprises one or more TMGIs and receiving, by the first base station from the second base station, an acknowledge message comprising a group-radio network temporary identifier (G-RNTI) associated with at least one of the one or more MBS services. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANCY SIXTO whose telephone number is (571)272-3295. The examiner can normally be reached Mon - Friday 9AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at 571-270-1420. 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. /NANCY SIXTO/Examiner, Art Unit 2465 /GARY MUI/Supervisory Patent Examiner, Art Unit 2465
Read full office action

Prosecution Timeline

Apr 14, 2023
Application Filed
Jun 25, 2025
Non-Final Rejection mailed — §103
Sep 23, 2025
Response Filed
Jan 21, 2026
Final Rejection mailed — §103
Apr 03, 2026
Request for Continued Examination
Apr 09, 2026
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
99%
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2y 7m (~0m remaining)
Median Time to Grant
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