DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In virtue of the communication filed on 12/10/2025, in which claims 1-2, 4-6, 12, 14-20 are presented for examination, claims 3, 7-11, 13 are canceled, claims 1, 12, 14, 15, 18, 19, 20 are amended, wherein claims 1, 12, 18 are recited in independent form. The present Application Claims Foreign Priority to CN202110184085.3 with a filing date of 02/10/2021 and is a Continuation of PCT/NC2021/141413 with a fling date of 12/25/2021.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application CN202110184085.3 with a filing date of 02/10/2021. It is noted, however, that the attempt by the Office to electronically retrieve, under the priority document exchange program, the foreign application noted above which the priority is claim has FAILED according to the communication mailed 09/02/2023. Accordingly, the Applicant is treated as having no priority document provided.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art, without importing limitations from the specification. The broadest reasonable interpretation of “or” would incorporate only a single option from the list of options which follow. At least one of following under the broadest reasonable interpretation would include only one of the plurality of options and any dependent claims which further modify an option not part of a broadest reasonable interpretation would also not be part of a broadest reasonable interpretation which incorporates a different option.
Response to Arguments
The Examiner notes the Applicant amendment filed in connection with Applicant response of 12/10/2025 change the scope of the claims an necessitate any changes in grounds of rejection herein or future actions. The Examiner also notes that the Applicant statement that claims 1-2, 4-6, 12-20 are pending in the response of 12/10/2025 is incorrect. Applicant notes the cancelation of claim 13 leaving claims 1-2, 4-6, 12, 14-20 pending. With respect to claim rejections, the Examiner maintains that the current claims as amended are met by d1 in view of d2 and makes the rejection final. Regarding Applicant's arguments filed 12/10/2025, the arguments have been fully considered but they are not persuasive. Applicant asserts that “d1 fails to anticipate the subject matter of claim 1, since d1 does not disclose each and every element of claim 1, particularly the above-underlined limitations of claim 1” wherein the ‘above-underlined limitations of claim 1’ correspond to the limitation “configuring, by the session management network element based on the first information indicating that the target access network device supports multicast, a unicast user plane network element to not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session”. The Examiner respectfully disagrees. Applicant makes reference to d1 and isolates a small portion of the reasoning set forth in the previous rejection. The Examiner notes that the disclosure as whole are meant to viewed as teaching the limitation. Applicant asserts that d1 “at most discloses SMF receives NsmfPDUSession UpdateSMContex Req from Target AMF (step 15) and sends, when Target RAN supports NBS; (1) N4 session Modification to UPF, i.e. Case A) The Target RAN supports MBS and the MBS session has previously been established at the Target RAN; The SMF does not need to establish the shared tunnel for the indicated MBS Session. The SMF interact with the UPF only for unicast PDU Session; or (2) N16 message to SMF2, i.e. Case B) The Target RAN supports MBS, but the MBS session has not yet been established. The SMF provides the N2 MBS Session information to the SMF2, i.e. multicast SMF. The SMF2 provided the shared downlink tunnel info to the UPF2 (multicast UPF)”. Although the limitation is particularly relevant, it should not be viewed in isolation, and certainly should not be relied on as representing all the teaching of d1 in view of d1. D1 in view of d2 suggest techniques in the field of endeavor of wireless communication (see d1 section 6.27.2), in connection with unicast and multicast handover (see d1 section 6.27.2); d1 also discloses a multicast service transmission method, characterized by comprising: sending, by a session management network element (see d1 section 6.27.2.2, page 7: at 4. the SMF), information about a multicast session to an access network device (see d1 section 6.27.2.2, page 7: at 4; also section 6.27.2.2, page 7: at 8. the target RAN), wherein the information about the multicast session is used for allocating a transmission resource to the multicast session (see d1 section 6.27.2.2, page 7: at 4. Disclosing that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet); therefore, said SMF transmits to said Target gNB QoS flows for MBS data packet, wherein said QoS flows are used by the target gNB in order to allocate corresponding transmission resources; d1 disclose that the multicast session is used for transmitting data of a multicast service (see d1 section 6.27.2.2, page 7 at 6. MBS Session); receiving, by the session management network element, first information from the access network device (see d1 section 6.27.2.2, page 7: at 6. Wherein the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session; and section 6.27.2.2, page 7: at 7. Wherein the T-AMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message); Wherein said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF), wherein the first information indicates that the access network device supports multicast (see d1 section 6.27.2.2, page 7 at 8. Which discloses based on the N2 SM message, the SMF can differentiate if the target RAN support MBS); d1 also discloses configuring, by the session management network element based on the first information (see d1 section 6.27.2.2, page 7 at 8 that if the target RAN support MBS a unicast user plane network element (see d1 section 6.27.2.2, page 8 at 15 the UPF (unicast) and UPF2 (multicast anchor); which suggest that any reference to said UPF is considered as a reference to the unicast user plane network element) to not forward the received data of the multicast service, or to not forward the received data of multicast data through a unicast protocol data unit, PDU, session (see d1 section 6.27.2.2, page 7: at 8 suggesting that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated; wherein one of ordinary skill in the art would understand that said SMF requests the unicast UPF to not forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session. Applicant’s attempt to characterize d1 by isolating a small portion of the disclosure and not fairly representing such disclosure as an element of the broader disclosure of d1 does not accurately reflect how the teaching of d1 would be understood to one of ordinary skill in the before the time of filing. The Examiner has show above that d1 particularly meet the limitations as amended.
Furthermore, Applicant arguments regarding the idea that the disclosure of D1 is based on the SMF receiving the N2 SM message from the AMF is different from claim 1 do not accurately reflect what would be understood by one of ordinary skill in the art before the time of filing from the disclosure d1, in section 6.27.2.2, page 7 at 6 it is disclosed that the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session which applied to section 6.27.2.2, page 7 at 7 wherein it is taught that the TAMF invokes Nsmf_PDUSession _UpdateSMContext request towards SMF, wherein the message includes the N2 SM message. One of ordinary skill in the art before the time of filing would understand from the disclosure that said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF. Applicant notes that d1 discloses forwarding the MBS data and allocating resources for delivering the MBS data and argued that, unlike claim 1, D1 discloses forwarding data. The Examiner respectfully disagrees, and asserts when d1 is given credit for the full disclosure it is noted that d1 discloses at section 6.27.2.2, page 7 at 8 that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session. Such a disclosure would be understood by one of ordinary skill in the art before the time of filing to suggest that the forwarding tunnel for MBS data and unicast data packet is separated meaning said SMF requests the unicast UPF not to forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session. D1 also suggests separation of tunnels but does not disclose a configuration action that actively prevents the unicast PDU session from being used for multicast, nor does it disclose a specific configuration performed through a notification message directed at the unicast user plane network element, as now explicitly recited in feature F3 of Claim 1". However, this argument is in contradiction with the disclosure of document D1 (section 6.27.2.2, page 7: "8. [...] the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated" (emphasis added); therefore, said SMF configures the unicast UPF by providing a message comprising said Target RAN forwarding tunnel, wherein said message notifies the unicast UPF to not forward the MBS data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session). D1 also suggest in section 6.27.2.2, page 7, line 1: "NOTE: For the case of source RAN not supporting 5G MBS, b) always applies. D1 also notes that in section 6.27.2.2, page 7: "6. The Target RAN [...] includes N2 SM message for each accepted PDU Session and MBS Session"; and section 6.27.2.2, page 7: "7. The TAMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message"; therefore, said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF), wherein the first information indicates that the access network device supports multicast (section 6.27.2.2, page 7: "8. Based on the N2 SM message, the SMF can differentiate [...] If the target RAN support MBS"), and the unicast user plane network element is configured by the session management network element as a conditional action based on a conditional check of the first information (section 6.27.2.2, page 7: "8. [...] If the target RAN support MBS [...] the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated. Such disclosure certainly meets the limitations of amended claims 1, 12, and 18.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1, 2, 12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL Document “KI#7, Sol#27: Update to remove ENs and further clarify” (S2-2004980) to 3GPP (hereinafter d1) in view of United States Patent Application Publication US-20230345310 to Li et al (hereinafter d2).
Regarding claim 1, as to the limitations “A multicast service transmission method, comprising: sending, by a session management network element in response to determining that a source access network device of a terminal device does not support multicast, information about a multicast session to a target access network device of the terminal device, wherein the information about the multicast session is used for allocating a transmission resource to the multicast session, and the multicast session is used for transmitting data of a multicast service; receiving, by the session management network element from the access network device, first information indicating that the access network device supports multicast; and configuring, by the session management network element based on the first information, a unicast user plane network element to not forward received data of the multicast service, or to not forward the received data of the multicast service through a unicast protocol data unit (PDU) session” d1 discloses techniques in the field of endeavor of wireless communication (see d1 section 6.27.2), in connection with unicast and multicast handover (see d1 section 6.27.2); d1 also discloses a multicast service transmission method, characterized by comprising: sending, by a session management network element (see d1 section 6.27.2.2, page 7: at 4. the SMF), information about a multicast session to an access network device (see d1 section 6.27.2.2, page 7: at 4; also section 6.27.2.2, page 7: at 8), wherein the information about the multicast session is used for allocating a transmission resource to the multicast session (see d1 section 6.27.2.2, page 7 at 4 which discloses that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet); therefore, said SMF transmits to said Target gNB QoS flows for MBS data packet, wherein said QoS flows are used by the target gNB in order to allocate corresponding transmission resources; d1 disclose that the multicast session is used for transmitting data of a multicast service (see d1 section 6.27.2.2, page 7 at 6); receiving, by the session management network element, first information from the access network device (see d1 section 6.27.2.2, page 7 at 6 disclosing that the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session; and section 6.27.2.2, page 7 at 7 disclosing that the T-AMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message); Wherein said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF), wherein the first information indicates that the access network device supports multicast (see d1 section 6.27.2.2, page 7 at 8 disclosing based on the N2 SM message, the SMF can differentiate if the target RAN support MBS); d1 also discloses configuring, by the session management network element based on the first information (see d1 section 6.27.2.2, page 7 at 8 that if the target RAN support MBS a unicast user plane network element (see d1 section 6.27.2.2, page 8 at 15 the UPF (unicast) and UPF2 (multicast anchor); which suggest that any reference to said UPF is considered as a reference to the unicast user plane network element) to not forward the received data of the multicast service, or to not forward the received data of multicast data through a unicast protocol data unit, PDU, session (see d1 section 6.27.2.2, page 7: at 8 suggesting that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated; wherein one of ordinary skill in the art would understand that said SMF requests the unicast UPF to not forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
d1 does not appear to explicitly disclose specific embodiments including method, system and apparatus as the document is generally directed to a technical specification to be implemented in such embodiments, although the disclosure of d1 is particularly may disclosure the limitation implicitly, under a broadest reasonable interpretation. In order to provide the most complete and effective examination, attention is directed to d2 which, in a similar field of endeavor of wireless communication (see d2 para. 0006), teaches witching between at least two unicast messaging, multicast messaging including implementations including methods, devices, systems and computer readable medium embodiments (see d2 Figs. 1) directed switching between at least two unicast messaging, multicast messaging (see d2 Fig. 6), TMGI usage (see d2 para. 0091, 0094, 0137, 0153, 0160, 0244, 0293) in the context relevant to the implementation of the specification document of d1 .
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including at least increased efficiency and improved performance (see d2 paras. 0118). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D2 is related to d1 in a similar field of endeavor (switching between at least two unicast messaging, multicast messaging) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of increased efficiency and improved performance with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
Furthermore, as to the limitation “configuring, by the session management network element based on the first information indicating that the target access network device supports multicast, a unicast user plane network element to not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session” d1 in view of d2 discloses in d1 in section 6.27.2.2, page 7 at 6 it is disclosed that the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session which applied to section 6.27.2.2, page 7 at 7 wherein it is taught that the TAMF invokes Nsmf_PDUSession _UpdateSMContext request towards SMF, wherein the message includes the N2 SM message. One of ordinary skill in the art before the time of filing would understand from the disclosure that said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF. Applicant notes that d1 discloses forwarding the MBS data and allocating resources for delivering the MBS data and argued that, unlike claim 1, D1 discloses forwarding data. The Examiner respectfully disagrees, and asserts when d1 is given credit for the full disclosure it is noted that d1 discloses at section 6.27.2.2, page 7 at 8 that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session. Such a disclosure would be understood by one of ordinary skill in the art before the time of filing to suggest that the forwarding tunnel for MBS data and unicast data packet is separated meaning said SMF requests the unicast UPF not to forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
Regarding claim 2, as to the limitation “the method of claim 1, the method further comprising: triggering, by the session management network element based on the first information, establishment of a multicast tunnel between a multicast user plane network element corresponding to the multicast session and the target access network device” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the SMF provides the N2 MBS Session information to the SMF2, i.e. multicast SMF. The SMF2 provided the shared downlink tunnel info to the UPF2 (multicast UPF) (see d1 section 6.27.2.2, page 8 at 15).
Regarding claim 4, as to the limitation “The method of claim 1, wherein the transmission resource comprises: a frequency domain resource or a spectrum resource” ” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the information about the QoS flows enables the target RAN to determine the frequency domain resources that are necessary for said QoS flows as would be understood to one of ordinary skill in the art in the field in question.
Regarding claim 5, as to the limitation “The method of claim 1, wherein the information about the multicast session comprises one or more of the following information: context information of the multicast session, a quality of service (QoS) parameter of the multicast session, an association relationship between a unicast session and the multicast session, a QoS parameter of the unicast session, or identification information of the multicast session” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet, (see d1 section 6.27.2.2, page 7 at 4).
Regarding claim 6, as to the limitation “The method of claim 5, wherein the identification information of the multicast session is a temporary multicast group identifier (TMGI)” ” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that identification information of the multicast session is a temporary multicast group identifier (TMGI) (see d2 para. 0091, 0094, 0137, 0153, 0160, 0244, 0293).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including at least increased efficiency and improved performance (see d2 paras. 0118). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D2 is related to d1 in a similar field of endeavor (switching between at least two unicast messaging, multicast messaging) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of increased efficiency and improved performance with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
Regarding claim 12, as to the limitations “A communication system, comprising: a session management network element and one or more access network devices; wherein the session management network element is configured to send information about a multicast session to a target access network device of a terminal device when determining that a source access network device of the terminal device does not support multicast, wherein the information about the multicast session is used for allocating a transmission resource to the multicast session, and the multicast session is used for transmitting data of a multicast service; the access network device is configured to: receive the information about the multicast session, and send first information to the session management network element, wherein the first information indicates that the target access network device supports multicast; and the session management network element is further configured to: receive the first information; and configure, based on the first information indicating that the target access network device supports multicast, a unicast user plane network element not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session” d1 discloses techniques in the field of endeavor of wireless communication (see d1 section 6.27.2), in connection with unicast and multicast handover (see d1 section 6.27.2); d1 also discloses a multicast service transmission method, characterized by comprising: sending, by a session management network element (see d1 section 6.27.2.2, page 7: at 4. the SMF), information about a multicast session to an access network device (see d1 section 6.27.2.2, page 7: at 4. the Target gNB"; also section 6.27.2.2, page 7: at 8. the target RAN), wherein the information about the multicast session is used for allocating a transmission resource to the multicast session (see d1 section 6.27.2.2, page 7: at 4. Disclosing that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet); therefore, said SMF transmits to said Target gNB QoS flows for MBS data packet, wherein said QoS flows are used by the target gNB in order to allocate corresponding transmission resources; d1 disclose that the multicast session is used for transmitting data of a multicast service (see d1 section 6.27.2.2, page 7 at 6. MBS Session); receiving, by the session management network element, first information from the access network device (see d1 section 6.27.2.2, page 7: at 6. Wherein the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session; and section 6.27.2.2, page 7: at 7. Wherein the T-AMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message); Wherein said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF), wherein the first information indicates that the access network device supports multicast (see d1 section 6.27.2.2, page 7 at 8. Which discloses based on the N2 SM message, the SMF can differentiate If the target RAN support MBS); d1 also discloses configuring, by the session management network element based on the first information (see d1 section 6.27.2.2, page 7 at 8 that if the target RAN support MBS a unicast user plane network element (see d1 section 6.27.2.2, page 8 at 15 the UPF (unicast) and UPF2 (multicast anchor); which suggest that any reference to said UPF is considered as a reference to the unicast user plane network element) to not forward the received data of the multicast service, or to not forward the received data of multicast data through a unicast protocol data unit, PDU, session (see d1 section 6.27.2.2, page 7: at 8 suggesting that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated; wherein one of ordinary skill in the art would understand that said SMF requests the unicast UPF to not forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
d1 does not appear to explicitly disclose specific embodiments including method, system and apparatus as the document is generally directed to a technical specification to be implemented in such embodiments, although the disclosure of d1 is particularly may disclosure the limitation implicitly, under a broadest reasonable interpretation. In order to provide the most complete and effective examination, attention is directed to d2 which, in a similar field of endeavor of wireless communication (see d2 para. 0006), teaches witching between at least two unicast messaging, multicast messaging including implementations including methods, devices, systems and computer readable medium embodiments (see d2 Figs. 1) directed switching between at least two unicast messaging, multicast messaging (see d2 Fig. 6), TMGI usage (see d2 para. 0091, 0094, 0137, 0153, 0160, 0244, 0293) in the context relevant to the implementation of the specification document of d1 .
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including at least increased efficiency and improved performance (see d2 paras. 0118). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D2 is related to d1 in a similar field of endeavor (switching between at least two unicast messaging, multicast messaging) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of increased efficiency and improved performance with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
Furthermore, as to the limitation “configuring, by the session management network element based on the first information indicating that the target access network device supports multicast, a unicast user plane network element to not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session” d1 in view of d2 discloses in d1 in section 6.27.2.2, page 7 at 6 it is disclosed that the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session which applied to section 6.27.2.2, page 7 at 7 wherein it is taught that the TAMF invokes Nsmf_PDUSession _UpdateSMContext request towards SMF, wherein the message includes the N2 SM message. One of ordinary skill in the art before the time of filing would understand from the disclosure that said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF. Applicant notes that d1 discloses forwarding the MBS data and allocating resources for delivering the MBS data and argued that, unlike claim 1, D1 discloses forwarding data. The Examiner respectfully disagrees, and asserts when d1 is given credit for the full disclosure it is noted that d1 discloses at section 6.27.2.2, page 7 at 8 that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session. Such a disclosure would be understood by one of ordinary skill in the art before the time of filing to suggest that the forwarding tunnel for MBS data and unicast data packet is separated meaning said SMF requests the unicast UPF not to forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
Regarding claim 14, as to the limitation “The communication system of claim 12, wherein: the session management network element is further configured to trigger, based on the first information, establishment of a multicast tunnel between a multicast user plane network element corresponding to the multicast session and the target access network device; and the access network device is further configured to establish the multicast tunnel with the multicast user plane network element” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the Target RAN includes N2 SM message (see d1 section 6.27.2.2, page 7: 6); for each accepted PDU Session and MBS Session (see d1 section 6.27.2.2, page 7: 7) wherein the TAMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message.
Regarding claim 15, as to the limitation “The communication system of claim 14, wherein the multicast tunnel is a resource for multicast transmission between the target access network device and the multicast user plane network element” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the SMF provides the N2 MBS Session information to the SMF2, i.e. multicast SMF. The SMF2 provided the shared downlink tunnel info to the UPF2 (multicast UPF) (see d1 section 6.27.2.2, page 8 at 15).
Regarding claim 16, as to the limitation “The communication system of claim 12, wherein the information about the multicast session comprises one or more of the following information: context information of the multicast session, a quality of service (QoS) parameter of the multicast session, an association relationship between a unicast session and the multicast session, a QoS parameter of the unicast session, or identification information of the multicast session” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet, (see d1 section 6.27.2.2, page 7 at 4).
Regarding claim 17, as to the limitation “The communication system of claim 16, wherein the identification information of the multicast session is a temporary multicast group identifier (TMGI)” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that identification information of the multicast session is a temporary multicast group identifier (TMGI) (see d2 para. 0091, 0094, 0137, 0153, 0160, 0244, 0293).
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including at least increased efficiency and improved performance (see d2 paras. 0118). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D2 is related to d1 in a similar field of endeavor (switching between at least two unicast messaging, multicast messaging) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of increased efficiency and improved performance with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
Regarding claim 18, as to the limitations “A communication apparatus, comprising: at least one processor, configured to execute computer instructions stored in a memory, to cause the communication apparatus to perform the following steps: sending information about a multicast session to a target access network device of a terminal device when determining that a source access network device of the terminal device does not support multicast, wherein the information about the multicast session is used for allocating a transmission resource to the multicast session, and the multicast session is used for transmitting data of a multicast service; receiving first information from the access network device, wherein the first information indicates that the access network device supports multicast; and configuring, based on the first information indicating that the target access network device supports multicast, a unicast user plane network element to not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session” d1 discloses techniques in the field of endeavor of wireless communication (see d1 section 6.27.2), in connection with unicast and multicast handover (see d1 section 6.27.2); d1 also discloses a multicast service transmission method, characterized by comprising: sending, by a session management network element (see d1 section 6.27.2.2, page 7: at 4. the SMF), information about a multicast session to an access network device (see d1 section 6.27.2.2, page 7: at 4. the Target gNB"; also section 6.27.2.2, page 7: at 8. the target RAN), wherein the information about the multicast session is used for allocating a transmission resource to the multicast session (see d1 section 6.27.2.2, page 7: at 4. Disclosing that if MBS Session has not been established at Source RAN, the SMF only includes the unicast PDU Session information to the Target gNB, i.e. the QoS flows of the PDU Session include the QoS flows for MBS data packet); therefore, said SMF transmits to said Target gNB QoS flows for MBS data packet, wherein said QoS flows are used by the target gNB in order to allocate corresponding transmission resources; d1 disclose that the multicast session is used for transmitting data of a multicast service (see d1 section 6.27.2.2, page 7 at 6. MBS Session); receiving, by the session management network element, first information from the access network device (see d1 section 6.27.2.2, page 7: at 6. Wherein the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session; and section 6.27.2.2, page 7: at 7. Wherein the T-AMF invokes Nsmf_PDUSession_UpdateSMContext request towards SMF, the message includes the N2 SM message); Wherein said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF), wherein the first information indicates that the access network device supports multicast (see d1 section 6.27.2.2, page 7 at 8. Which discloses based on the N2 SM message, the SMF can differentiate If the target RAN support MBS); d1 also discloses configuring, by the session management network element based on the first information (see d1 section 6.27.2.2, page 7 at 8 that if the target RAN support MBS a unicast user plane network element (see d1 section 6.27.2.2, page 8 at 15 the UPF (unicast) and UPF2 (multicast anchor); which suggest that any reference to said UPF is considered as a reference to the unicast user plane network element) to not forward the received data of the multicast service, or to not forward the received data of multicast data through a unicast protocol data unit, PDU, session (see d1 section 6.27.2.2, page 7: at 8 suggesting that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session, i.e. the forwarding tunnel for MBS data and unicast data packet is separated; wherein one of ordinary skill in the art would understand that said SMF requests the unicast UPF to not forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
d1 does not appear to explicitly disclose specific embodiments including method, system and apparatus as the document is generally directed to a technical specification to be implemented in such embodiments, although the disclosure of d1 is particularly may disclosure the limitation implicitly, under a broadest reasonable interpretation. In order to provide the most complete and effective examination, attention is directed to d2 which, in a similar field of endeavor of wireless communication (see d2 para. 0006), teaches witching between at least two unicast messaging, multicast messaging including implementations including methods, devices, systems and computer readable medium embodiments (see d2 Figs. 1) directed switching between at least two unicast messaging, multicast messaging (see d2 Fig. 6), TMGI usage (see d2 para. 0091, 0094, 0137, 0153, 0160, 0244, 0293) in the context relevant to the implementation of the specification document of d1 .
One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to arrive at the Applicant’s invention, according to the ample teaching, suggestion, or motivation in the prior art, which would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention including at least increased efficiency and improved performance (see d2 paras. 0118). The combination would also yield reasonable expectation of success as the techniques are applied in the same field of endeavor (wireless communication) and employ similar techniques. D2 is related to d1 in a similar field of endeavor (switching between at least two unicast messaging, multicast messaging) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to yield the predictable result of increased efficiency and improved performance with no undue experimentation and without altering the function thereof, wherein both techniques were known and used as of the effective filing date. It is also noted that many of the noted sections of d2 can equally be applied to the other limitations of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
Furthermore, as to the limitation “configuring, by the session management network element based on the first information indicating that the target access network device supports multicast, a unicast user plane network element to not forward the received data of the multicast service to the source access network device through a unicast protocol data unit (PDU) session” d1 in view of d2 discloses in d1 in section 6.27.2.2, page 7 at 6 it is disclosed that the Target RAN includes N2 SM message for each accepted PDU Session and MBS Session which applied to section 6.27.2.2, page 7 at 7 wherein it is taught that the TAMF invokes Nsmf_PDUSession _UpdateSMContext request towards SMF, wherein the message includes the N2 SM message. One of ordinary skill in the art before the time of filing would understand from the disclosure that said N2 SM message represents first information transmitted by the target RAN to the SMF via the T-AMF. Applicant notes that d1 discloses forwarding the MBS data and allocating resources for delivering the MBS data and argued that, unlike claim 1, D1 discloses forwarding data. The Examiner respectfully disagrees, and asserts when d1 is given credit for the full disclosure it is noted that d1 discloses at section 6.27.2.2, page 7 at 8 that the SMF provides the Target RAN forwarding tunnel for the MBS Session to UPF and requests the UPF to allocate forwarding Tunnel info for the MBS Session. Such a disclosure would be understood by one of ordinary skill in the art before the time of filing to suggest that the forwarding tunnel for MBS data and unicast data packet is separated meaning said SMF requests the unicast UPF not to forward the data via the forwarding tunnel of the unicast PDU session and to use instead the separate forwarding tunnel for said MBS session.
Regarding claim 19, as to the limitation “The communication apparatus of claim 18, wherein the at least one processor is further configured to execute the computer instructions to cause the communication apparatus to perform the following steps: triggering, based on the first information, establishment of a multicast tunnel between a multicast user plane network element corresponding to the multicast session and the target access network device” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the SMF provides the N2 MBS Session information to the SMF2, i.e. multicast SMF. The SMF2 provided the shared downlink tunnel info to the UPF2 (multicast UPF) (see d1 section 6.27.2.2, page 8 at 15).
Regarding claim 20, as to the limitation “The communication apparatus of claim 19, wherein the multicast tunnel is a resource for multicast transmission between the target access network device and the multicast user plane network element” the limitations are obvious at least in light of the disclosure of d1 in view of d2 which suggest that the SMF provides the N2 MBS Session information to the SMF2, i.e. multicast SMF. The SMF2 provided the shared downlink tunnel info to the UPF2 (multicast UPF) (see d1 section 6.27.2.2, page 8 at 15).
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.
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/NATHAN S TAYLOR/Primary Examiner, Art Unit 2643