Prosecution Insights
Last updated: April 19, 2026
Application No. 18/435,534

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Feb 07, 2024
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
787 granted / 932 resolved
+26.4% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
32 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 resolved cases

Office Action

§103
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 Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 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. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the first session management function network element is configured to . . . and the network registration function network element is configured to . . . in claim 14. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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) 1-20 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, and 14, 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 2, 9, and 15, the primary reference further teaches wherein the second message is a network function discovery request, and the third message is a network function discovery response (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). 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). See paragraphs 0093-0095.) Regarding claims 3, 10, and 16, 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 5 and 12, the primary reference further teaches wherein receiving, by the first session management function network element, the first message from the terminal device comprises: receiving, by the first session management function network element, the first message by using a protocol data unit (PDU) session modification request message (Referring to Figures 1, 2, and 6, the UE may transmit an MBS session (or multicast session) join request message to the relevant network entity(s) (e.g., to the SMF via the AMF) including the multicast service-related information (e.g., at least one of the multicast session ID (e.g., MBS session ID), multicast group ID, or TMGI) in order to join the multicast service. In an embodiment, the MBS session (or multicast session) join request message may be delivered from the AMF to the SMF via a PDU session establishment request message or a PDU session modification request message or a separate SM session management non-access stratum (SM NAS) message. See paragraphs 0049-0051.) 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 claim 7, the primary reference further teaches receiving, by the network registration function network element, the second message; and sending, by the network registration function network element, the third message to the first session management function network element (Referring to Figures 1, 2, and 6, in operation 614, the SMF may transmit a discovery request message (second message) (e.g., Nnrf_NFDiscovery request message) to the NRF (network registration function network element). 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). See paragraphs 0093-0095.) Regarding claim 18, D1 does not disclose wherein the network registration function network element is further configured to: when there is no multicast/broadcast session management function network element whose allowed multicast address comprises 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, D1 does not disclose wherein the allowed multicast address of the multicast/broadcast session management function network element is preconfigured by an operator for the multicast/broadcast 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ling et al. (US 2024/0147191 A1) - a method implemented at a Multicast Broadcast Service Function, MBSF, comprises: receiving a first request to allocate a Multicast Broadcast Service, MBS, session identifier, ID, for an MBS session from an Application Function, AF; and allocating the MBS session ID for the MBS session and selecting at least one Multicast Broadcast. Ronneke et al. (US 2023/0086661 A1) - Solutions are proposed herein that provide several alternatives for how an AMF can perform discovery of a proper MB-SMF or MB-SMF instance in the network. Zhu et al. (US 2023/0017217 A1) - The method includes determining, by the broadcast and multicast or broadcast service center function, at least one access and mobility management function based on the information; and transmitting, by the broadcast and multicast or broadcast service center function, a session trigger message to the at least one access and mobility management function to allow the at least one access and mobility management function to initiate an establishment of the multicast or broadcast session. 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 07, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.5%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 932 resolved cases by this examiner. Grant probability derived from career allow rate.

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