DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1 and 3-8 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Girolamo et al, application no. 2023/0276470, hereinafter known as Girolamo in view of Zhu et al, application no. 2023/0180350, hereinafter known as 3GPP.
As to claim 1, Girolamo discloses a communication method used in a mobile communication system for supporting -a multicast and broadcast service (MBS) (Girolamo, [0004], figure 7-9, communication system for MBS communications), the communication method comprising the steps of: receiving, by a user equipment from a network node, configuration for a multicast radio bearer having a Point-to-Point (PTP) leg and a Point-to-Multipoint (PTM) leg (Girolamo. [0174]-[0185], Multicast Radio Bearer with split bearer comprising PTP leg and PTM legs where each leg can be RLC-AM or RLC-UM); and determining, by the user equipment, whether the multicast radio bearer is an Acknowledged Mode (AM) bearer or an Unacknowledged Mode (UM) bearer (Girolamo,[0183]-[0185], configured to use either AM or UM mode based on configuration). Girolamo discloses MRB with PTP and PTM legs where each leg is AM or UM and/or both legs are AM or UM ([0291]- [0297]). Girolamo does not expressly disclose however Zhu discloses based on the configuration, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response to the Radio Link Control (RLC) mode configured for an RLC entity of the PTP leg being an AM (Zhu, [0269]-[0270], PTP leg configured as RCL AM, UE and network communicate sending PDCP and resumption of lost data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of based on the configuration, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response to the Radio Link Control (RLC) mode configured for an RLC entity of the PTP leg being an AM as taught by Zhu. Combining Zhu teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs.
As to claim 3, Girolamo discloses an RLC entity of the PTP leg being configured to that AM and an RLC entity of the PTM leg being configured to a UM (3GPP, section 4.2.1.2 and section 4.2.1.3, UM and AM bearer function according to RLC with UM or AM configuration). Girolamo does not disclose that in response to PTP being AM and PTM being UM treat MRB as AM bearer however Zhu teaches in response, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response (Zhu, [0269]- [0270], when PTP is RLC AM, determine multicast is reliable AM bearer communication and resumption of communications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of based on the configuration, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response to the Radio Link Control (RLC) mode configured for an RLC entity of the PTP leg being an AM as taught by Zhu. Combining Zhu teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs.
As to claim 4, Girolamo discloses an RLC entity of the PTP leg is configured to a UM and an RLC entity of the PTM leg is configured to the UM (figure 21, [0288], PTP leg as RLC-UM and PTM leg as RLC-UM). Girolamo does not disclose however Hu discloses when PTP leg and PTM legs are RLC-AM wherein the user equipment treats the multicast radio bearer as a UM multicast radio bearer (Zhu, [0269], sending data normally when PTP and PTM are UM).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of when PTP leg and PTM legs are RLC-AM wherein the user equipment treats the multicast radio bearer as a UM multicast radio bearer as taught by Zhu. When PTP and PTM legs are UM, communication is performed normally without resumption or completion of prior communications since UM communications are less reliable.
As to claim 5, the claim is rejected as applied to claim 1 by Girolamo in view of Zhu
As to claim 6, Girolamo discloses a mobile communication system comprising: the user equipment according to claim 5; and a network node (Girolamo, figure 1b, [0055], [0094]).
As to claims 7 and 8, the claims are each rejected as applied to claim 1 by Girolamo in view of Zhu.
Response to Arguments
Applicant’s arguments with respect to claims 1, 11 and 20 have been considered but are 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicants are 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 GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm.
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/GAUTAM SHARMA/ Examiner, Art Unit 2467
/HASSAN A PHILLIPS/Supervisory Patent Examiner, Art Unit 2467
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