Prosecution Insights
Last updated: August 17, 2026
Application No. 18/435,534

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103§112
Filed
Feb 07, 2024
Priority
Aug 10, 2021 — CN 202110915602.X +1 more
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
804 granted / 950 resolved
+26.6% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
974
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 950 resolved cases

Office Action

§103 §112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 21-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 21 and 25, for example, see claim 21, line 2, the claims recite a second message. However, the claim does not mention a first message. The manner in which a second message is received prior to a reception or transmission of a first message is unclear from the context of the claim. Appropriate clarification and correction is required. 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. Claim(s) 1, 3, 4, 6, 8, 10, 11, 13, 14, 16-19, and 21-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (US 2024/0048946 A1), hereinafter referred to as D1, in view of 3rd Generation Partnership Project, Architectural Enhancements for 5G Multicast-Broadcast Services, Stage 2, Release 17, 3GPP TS 23.247, V1.0.0, June 7, 2021, pp. 1-81, (applicant admitted prior art) hereinafter referred to as D2, in further view of Kim et al. (US 2023/0209446 A1), hereinafter referred to as D3. Regarding claims 1, 8, 14, 21, and 25, D1 discloses a method and device for terminal to join multicast service, which comprises: receiving, by a first session management function network element, a first message from a terminal device, wherein the first message comprises a multicast address, and the first message indicates that the terminal device requests to join a multicast session corresponding to the multicast address (Referring to Figures 1, 2, and 6, the MBS session join request message, comprising MBS session ID (first message, requests to join a multicast session corresponding to the multicast address), from the UE (e.g., the UE 102) (terminal device) may be received by the SMF (e.g., the SMF 116) (first session management function network element) as in operation 204 of FIG. 2. See paragraph 0093.); sending, by the first session management function network element, a second message to a network registration function network element, wherein the second message comprises the multicast address, and the second message is used to query for a session management function network element that establishes a multicast session for a multicast service corresponding to the multicast address (Referring to Figures 1, 2, and 6, in operation 614, the SMF may transmit a discovery request message (e.g., Nnrf_NFDiscovery request message) to the NRF (network registration function network element). The discovery request message (second message, by definition, used to query for a session management function network element that establishes a multicast session for a multicast service corresponding to the multicast address) may include information about at least one of the multicast group ID, the multicast session ID (e.g., the MBS session ID) (multicast address), or the TMGI related to the multicast session to be requested. See paragraph 0094.); receiving, by the first session management function network element, a third message from the network registration function network element, wherein the third message indicates that the session management function network element that establishes the multicast session for the multicast service corresponding to the multicast address (Referring to Figures 1, 2, and 6, In operation 615, in response to the discovery request message (third message), the NRF may send, to the SMF (first session management function network element), a discovery response message (e.g., an Nnrf_NFDiscovery response message) including information (e.g., SMF ID) about the MB-SMF that maps to at least one of the multicast group ID, MBS session ID, or TMGI registered in operation 613 (third message indicates that the session management function network element that establishes the multicast session for the multicast service corresponding to the multicast address). In an embodiment, the SMF may perform operations 207 and 208 based on the obtained MB-SMF ID. See paragraph 0094.) D1 does not disclose the third message indicates that the SMF that establishes the MBS for the multicast service corresponding to the multicast address is not found. D2 teaches, per the standard referring to Figure 7.2.1.3-1, page 45, the Nnrf_NFDiscovery request/response. Based on the MBS session ID and other information for query, the NRF decides whether an MB-SMF serving the MBS session exists. If so, the NRF provides in the Nnrf_NFDiscovery Response the information of the MB-SMF currently serving the MBS session. See page 43, last paragraph. If no MB-SMF is assigned for the multicast session ID, the SMF may select an MB-SMF and request it configure the multicast session or the SMF may request the join request. See paragraph 46, second paragraph. Thereby, when no MB-SMF is assigned, an empty result is returned in the NFDiscovery Response, per the standard, as an empty array is returned when the search filter criteria does not match a NF instance in registered status (not found). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the standard request/response messaging of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability when an NRF decides whether an MB_SMF serving the MBS session exists. D1 does not disclose sending, by the first session management function network element, a fourth message to the terminal device, wherein the fourth message indicates that the terminal device is rejected to join the multicast session corresponding to the multicast address. D3 teaches the SMF may decide to reject the PDI; Session establishment (or establishment) request. Accordingly, the SMF (first session management function network element) may transmit a PDU Session Establishment Reject message (fourth message, indicates that the terminal device is rejected to join the multicast session corresponding to the multicast address) to the UE (terminal device). The PDU Session Establishment Reject message may include service area information (e.g., Cell ID list and/or TAI list) of the multicast session for which the Join request is rejected. The SMF may include information (e.g. the UE is outside the service area) related to the indication/list and/or reason indicating that the SMF rejects the Join request for the multicast session requested by the UE in the PDU Session Establishment Reject message. The SMF may include information(e.g., joining multicast session(s) is impossible/rejected) related to the reason why the PDU Session creation (or establishment) was rejected for the PDU Session itself in the PDU Session Establishment Reject message. See paragraph 0250 and Figure 8. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the multicast-related communication of D3 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to manage communication when a local multicast communication service cannot be effectively supported, as taught by D3. See paragraph 0006. Regarding claims 3, 10, 16, 22, and 26, D1 does not disclose wherein the third message comprises an empty session management function network element list. D2 teaches, per the standard referring to Figure 7.2.1.3-1, page 45, the Nnrf_NFDiscovery request/response. Based on the MBS session ID and other information for query, the NRF decides whether an MB-SMF serving the MBS session exists. If so, the NRF provides in the Nnrf_NFDiscovery Response the information of the MB-SMF currently serving the MBS session. See page 43, last paragraph. If no MB-SMF is assigned for the multicast session ID, the SMF may select an MB-SMF and request it configure the multicast session or the SMF may request the join request. See paragraph 46, second paragraph. Thereby, when no MB-SMF is assigned, an empty result is returned in the NFDiscovery Response, per the standard, as an empty array is returned when the search filter criteria does not match a NF instance in registered status (not found). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the standard request/response messaging of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability when an NRF decides whether an MB_SMF serving the MBS session exists. Regarding claims 4, 11, and 17, the primary reference further teaches wherein the first message comprises a multicast/broadcast service (MBS) session join request (Referring to Figures 1, 2, and 6, the MBS session join request message, comprising MBS session ID (first message, requests to join a multicast session corresponding to the multicast address), from the UE (e.g., the UE 102) (terminal device) may be received by the SMF (e.g., the SMF 116) (first session management function network element) as in operation 204 of FIG. 2. See paragraph 0093.) Regarding claims 6, 13, and 20, the primary reference further teaches wherein the first session management function network element is a unicast session management function network element, and the session management function network element that establishes the multicast session for the multicast service corresponding to the multicast address is a multicast/broadcast session management function network element (Referring to Figures 1, 2, and 6, the MBMS-GW-C service may be provided by the MB-SMF 114 that manages unicast PDU sessions (unicast session management function network element) and has an MBS session control function (a multicast/broadcast session management function network element), or other NFs (e.g., SMF 116 or a new NF). The MB-SMF 114 may support the MBMS-GW-C service and may have the functions of an existing SMF (e.g., the SMF 116). See paragraphs 0041-0045.) Regarding claims 18, 23, and 27, D1 does not disclose wherein when an allowed multicast address of the session management function network element that supports establishment of the multicast session for the multicast service does not comprise the multicast address, send the third message to the first session management function network element. D2 teaches, per the standard referring to Figure 7.2.1.3-1, page 45, the Nnrf_NFDiscovery request/response. Based on the MBS session ID and other information for query, the NRF decides whether an MB-SMF serving the MBS session exists. If so, the NRF provides in the Nnrf_NFDiscovery Response the information of the MB-SMF currently serving the MBS session. See page 43, last paragraph. If no MB-SMF is assigned for the multicast session ID, the SMF may select an MB-SMF and request it configure the multicast session or the SMF may request the join request. See paragraph 46, second paragraph. Thereby, when no MB-SMF is assigned, an empty result is returned in the NFDiscovery Response, per the standard, as an empty array is returned when the search filter criteria does not match a NF instance in registered status (not found). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the standard request/response messaging of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability when an NRF decides whether an MB_SMF serving the MBS session exists. Regarding claim 19, 24, and 28, D1 does not disclose wherein the allowed multicast address of the session management function network element is preconfigured by an operator for the session management function network element. D3 teaches if the UE can join a multicast session, for direct discovery, based on locally configured data (interpreted as preconfigured by an operator) or the corresponding SMF function stored in NRF, the AMF may select an SMF capable of handling the multicast session, and may indicate to the SMF the capability of the UE to receive multicast data over the air. See paragraphs 0214-0216. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the multicast-related communication of D3 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to manage communication when a local multicast communication service cannot be effectively supported, as taught by D3. See paragraph 0006. Response to Arguments Applicant's arguments filed 22 May 2026 have been fully considered but they are not persuasive. On page 10 of the remarks, regarding claim 1, the Applicant argues D1 and D2 do not teach disclose receiving, by the first session a management function network element, a third message from the network registration function network element, wherein the third message indicates that the session management function network element that establishes the multicast session for the multicast service corresponding to the multicast address is not found. The Examiner respectfully disagrees. D2 teaches, per the standard referring to Figure 7.2.1.3-1, page 45, the Nnrf_NFDiscovery request/response. Based on the MBS session ID and other information for query, the NRF decides whether an MB-SMF serving the MBS session exists. If so, the NRF provides in the Nnrf_NFDiscovery Response the information of the MB-SMF currently serving the MBS session. See page 43, last paragraph. If no MB-SMF is assigned for the multicast session ID, the SMF may select an MB-SMF and request it configure the multicast session or the SMF may request the join request. See paragraph 46, second paragraph. Thereby, when no MB-SMF is assigned, an empty result is returned in the NFDiscovery Response, per the standard, as an empty array is returned when the search filter criteria does not match a NF instance in registered status (not found). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the standard request/response messaging of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability when an NRF decides whether an MB_SMF serving the MBS session exists. Furthermore, the Applicant argues that if the no MBS session exists, the NRF provides MB-SMF profiles. It is noted that D2 teaches the NRF decides that if a MBS session exists, the NRF indicates information of the MB-SMF, if no MBS session exists, the NRF provides MB-SMF profiles. When no MBS session exists, the NRF provides MB-SMF profiles, which would comprise a “third message indicates . . .”. The claim merely requires that the third message “indicate” that the “multicast service corresponding to the multicast address is not found”. In this manner, the NRF provides MB-SMF profiles when no MBS session exists; thereby, receiving the claimed “indication” per the Applicant’s citation. Therefore, under the Applicant’s rationale, the claim limitation is taught. The Examiner suggests amending the claim to more explicitly recite the elements of the third message to overcome the prior art of record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jeong et al. (US 2024/0049357 A1) - identifying, by the first SMF, triggering of an SMF change operation; transmitting, to an Access and Mobility Management Function (AMF), a message indicating a change in a status of a Packet Data Unit (PDU) session of the UE so as to request a procedure of changing an SMF; receiving a context request message requesting a context of the UE from a second SMF that is a target SMF; and transmitting a context request response message to the second SMF. 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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/ Primary Examiner, Art Unit 2462
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Prosecution Timeline

Feb 07, 2024
Application Filed
Mar 13, 2026
Non-Final Rejection mailed — §103, §112
May 27, 2026
Response Filed
Jul 01, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
95%
With Interview (+10.6%)
2y 10m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 950 resolved cases by this examiner. Grant probability derived from career allowance rate.

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