Prosecution Insights
Last updated: October 02, 2026
Application No. 18/478,762

COMMUNICATION CONTROL METHOD AND USER EQUIPMENT

Final Rejection §103§112
Filed
Sep 29, 2023
Priority
Mar 30, 2021 — provisional 63/167,818 +1 more
Examiner
NGUYEN, THERESA
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
4 (Final)
60%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
3 granted / 5 resolved
+2.0% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
26 currently pending
Career history
39
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
30.3%
-9.7% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 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 . Response to Amendment Amendments filed on 06/15/2026 are entered for prosecution. Accordingly, claims 1 and 4-7 are now pending in the application. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments. Applicant’s amendments to the claims have overcome each and every objection in the claims previously set forth in the Non-Final Office Action. Response to Arguments Applicant's arguments filed 06/15/2026 (hereinafter, Remarks) have been fully considered but are moot because the arguments do not apply to the references being used in the current rejection. Applicant respectfully argues that “at most, Hori discusses that the initial value (the first value) of a state variable ("RXNEXT") indicating the COUNT value of the PDCP SDU expected to be received next is set to a value obtained by dividing the sequence number of the first received PDCP Data PDU, incremented by one, by 2(sequence number size) (see Hori at 11273, 276). Applicant respectfully submits that, that is, Hori only discusses that the initial value is set by performing the above calculation. Applicant respectfully submits that Hori fails to disclose, suggest, or otherwise render obvious that the initial value is set based on a comparison between the added value and the sequence number size (or size limit). Therefore, Applicant respectfully submits that Hori fails to disclose or suggest "setting a sum of the PDCP sequence number and "1" as the initial value within a range not exceeding a size of the PDCP sequence number, as recited in amended claims 1, 4, and 5” Remarks Page 7 (emphasis added). However, the examiner respectfully disagrees. HORI discloses a process where a UE does not receive the MBS data from the base station (e.g., base sends MBS control information but not MBS data), the UE will set the initial value of the state variable of the PDCP SDU expected to be received next as 0 (e.g., RX_NEXT = 0) ([0274] the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C); [0275] (C) based on that it is at least not reception of the MBS data, set an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as 0 (integer value of 0)). Applicant notes that HORI discloses “the initial value (the first value) of a state variable ("RXNEXT") indicating the COUNT value of the PDCP SDU expected to be received next is set to a value” in para [0276]. However, the initial value of the state variable and the first value obtained by incrementing the sequence number of the PDCP data PDU received are slightly different from one another. The initial value of the state variable (RX_NEXT) is a value of the PDCP SDU expected to be received next. Whereas the first value is a value that increments the sequence number by 1 when the PDCP data PDCU is received. HORI discloses the value of the sequence number increases by 1 based on the PDCP data the PDU received. Therefore, when the initial value of the state variable starts at 0, the first value of the PDCP sequence number is 1 (e.g., 0+1) after the PDCP data PDU is received ([Abstract] setting, based on a fact that the data to be received from the base station apparatus is data of an MBS, an initial value of a sequence number part of the first state variable as a first value and setting based on a fact that the data to be received from the base station apparatus is at least not the data of the MBS, the initial value of the first state variable to 0; [0276] Note that the first value may be a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (first value = 1 because the state variable is 0)). HORI further discloses the first value of the PDCP sequence number may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. Wherein the second value is based on the PDCP sequence number size ([0276] The first value may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. The second value may be 2 (integer value of 2) to the power of a third value. The third value may be a downlink PDCP sequence number size; [0282] The downlink PDCP sequence number size may be configured to 12 (integer value of 12), 18 (integer value of 18)). This allows the sequence number size (e.g., 2^(SN size)) to define the modulo wrap-around boundary (e.g., remainder... dividing) which sets the maximum unique numbers of PDCP SN (e.g., maximum sum) before it resets back to zero (e.g., modulo wrap-around). Therefore, HORI discloses: setting a sum of the PDCP sequence number and "1" as the initial value ([0274] the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C); [0275] (C) based on that it is at least not reception of the MBS data, set an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as 0 (integer value of 0);) within a range not exceeding a size of the PDCP sequence number ([0276] Note that the first value may be a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (first value = 1 because the state variable is 0). The first value may be an absolute value of a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (integer value of 1). The first value may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. The second value may be 2 (integer value of 2) to the power of a third value. The third value may be a downlink PDCP sequence number size (hence the second value is the maximum possible SN sum (e.g., SN+1) and eventually wraps around back to 0, e.g., modulo operations); [0282] The downlink PDCP sequence number size may be configured to 12 (integer value of 12), 18 (integer value of 18), or another value in a case that the PDCP entity is established and/or configured). Thus, the applicant’s argument is not persuasive. Regarding independent claims 4 and 5, the applicant submits the same arguments as presented in claim 1. Thus, examiner applies the same reasoning as presented in claim 1. Similarly, examiner applies the same reasoning for their dependent claims. Claim Interpretation Regarding claims 1 and 4-7: The broadest reasonable interpretation (BRI) of “PDCP variable” recited in claim 1, 4 and 5 includes RX_NEXT, RX_DELIV, RX_REORD, hyper frame number (HFN), sequence number, and COUNT according specification “[0094] A PDCP variable used for the reception window control may be RX_NEXT and/or RX_DELIV. RX_NEXT includes a sequence number of a PDCP SDU expected to be received next; [0095] A PDCP variable used for the packet Reordering may be RX_REORD. RX_REORD; [0109] UE 100 also manages a hyper frame number (HFN) as a PDCP variable; [0149] the gNB 200 updates the PDCP variable (e.g., COUNT)”. Therefore, the state variable indicating a COUNT, HFN, RX_NEXT, RX_DELIV, and sequence number of HORI ([0273] set an initial value of the HFN part of the state variable indicating the COUNT value of the PDCP SDU), KIM ([0178] the reception PDCP layer may use a PDCP sequence number), and JO ([0240] that the state variable (for example, the state variable referred to as RX_NEXT) indicating the COUNT value of the PDCP SDU expected to be received next is larger than the state variable(for example, the state variable referred to as RX_DELIV)), are all considered “PDCP variable”. 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 1 and 4-7 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. Claim 1 recites “the setting includes setting a sum of the PDCP sequence number and "1" as the initial value” is indefinite because it is unclear whether “the setting includes” or “setting a sum of the PDCP sequence number” is the one being referred to “"1" as the initial value”. For the purpose of examination, “"1" as the initial value” will be interpreted as “setting "1" as the initial value within a range not exceeding” using the term setting from “setting a sum of the PDCP sequence number”. Claims 4-5 have the similar indefiniteness; therefore, the examiner applied the same reasoning for the rejection as claim 1. Similarly, examiner applies the same reasoning for their dependent claims. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over HORI et al. (US 20230396367 A1, hereafter HORI) in view of JO et al. (US 20190053098 A1, hereafter JO). Regarding claim 1, HORI discloses: A communication control method performed by a user equipment in a mobile communication system for providing a multicast broadcast service (MBS) from a base station to the user equipment ([0015] a method of a terminal apparatus for communicating with a base station apparatus. The method includes receiving data from the base station apparatus, maintaining a first state variable in a receiving PDCP entity of the terminal apparatus, and performing processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS; [0050] the UE 122 is also simply referred to as a terminal apparatus or a UE), the communication control method comprising: setting (Fig. 12 – S1204; [Abstract] The processing unit maintains a first state variable in a receiving PDCP entity of the terminal apparatus, and performs processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS; [0235] In Step S1204, the processing unit 502 of the UE 122 may determine whether the parameter related to COUNT is included in the MBS configuration information message received in Step S1202 for the MBS session of interest. The parameter related to COUNT may be a parameter related to the COUNT value that the gNB 108 is to use or is using for MBS session transmission; [0105] In the PDCP, in a case of performing processing of ciphering or integrity protection, a COUNT value may be used. The COUNT value may include a Hyper Frame Number (HFN) being a state variable of the PDCP, and a Sequence Number (SN) added to the header of the PDCP PDU; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable (UE sets the COUNT value as an initial value of the PDCP variable) indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity) an initial value of a PDCP variable for a multicast service ([0029] FIG. 12 is a diagram illustrating an example of a flow of an MBS reception procedure; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), based on a PDCP sequence number included in a PDCP packet ([0104] The PDCP may have a function of maintenance of the sequence number. The PDCP may have a header compression and decompression function for efficiently transmitting, in wireless sections, user data such as an IP Packet and an Ethernet frame) received first from the base station (Fig. 12 –S1202; [0235] The COUNT value that the gNB 108 is to use or is using for the MBS session transmission MBS session may be the COUNT value being a state variable of the transmitting PDCP entity that the gNB 108 is to use or is using for MBS session transmission. In a case that the gNB 108 transmits the MBS configuration information message... The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH or the MTCH), wherein the PDCP variable is a variable used for reception window control ([0240] the timer used for PDCP status report transmission may be started or restarted, based on satisfaction of a condition... and/or that the state variable (for example, the state variable referred to as RX_NEXT) indicating the COUNT value of the PDCP SDU expected to be received next is larger than the state variable (for example, the state variable referred to as RX_DELIV) indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer, in a case that the PDCP of the UE 122 receives the PDCP data PDU from a lower layer) and indicates a count value of a PDCP SDU expected to be received next ([0238] the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity... The PDCP entity of the MRB of the UE 122 may use the COUNT value... or a value obtained by subtracting a certain value from the acquired COUNT value as an initial value of the state variable indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer on a receiving side of the PDCP entity (hence the PDCP variable is used for reception control of the first PDCP PDU that are to be received and have not been delivered). The value obtained by subtracting a certain value from the acquired COUNT value may be a value obtained by subtracting a half value of a window size from the acquired COUNT value; [0272] the processing unit 502 of the UE 122 may maintain the state variable indicating the COUNT value of the PDCP SDU expected to be received next in the receiving PDCP entity… the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C) ; [0273] (A) based on that it is reception of the MBS data, set an initial value of the sequence number part of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as a first value); and receiving (Fig. – 12, S1200, SIB), from the base station, an RRC message ([0217] the processing unit 602 of the gNB 108 may create a first System Information Block (SIB) being a type of RRC message, and transmit the SIB from the transmitter 600 to the UE 122; [0219] The receiver 500 of the UE 122 may receive the RRC message transmitted on the MCCH, based on the configuration of the first SIB) including an initialization instruction instructing initialization of a PDCP entity ([0160] The SDAP entity, the PDCP entity, the RLC entity, and the logical channel established... and/or configured using an RRC message (hence initialization instruction for the PDCP entity) that the terminal apparatus receives from the base station apparatus; [0235] The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH... At the timing at which the COUNT value is transmitted, the gNB 108 may set the latest value of the COUNT value of the transmitting PDCP entity, or the last COUNT value used for MBS session transmission, or the COUNT value used for next MBS session transmission, which the gNB 108 is to use or is using for MBS session transmission, to an RRC message and/or a PDCP control PDU for transmission; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), and the setting (Fig. 12 – S1204; [Abstract] setting, based on a fact that the data to be received from the base station apparatus is data of an MBS, an initial value of a sequence number part of the first state variable as a first value and setting based on a fact that the data to be received from the base station apparatus is at least not the data of the MBS, the initial value of the first state variable to 0; [0235]; [0105]; [0238];) includes setting a sum of the PDCP sequence number and "1" as the initial value ([0274] the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C); [0275] (C) based on that it is at least not reception of the MBS data, set an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as 0 (integer value of 0);) within a range not exceeding a size of the PDCP sequence number ([0276] Note that the first value may be a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (first value = 1 because the state variable is 0). The first value may be an absolute value of a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (integer value of 1). The first value may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. The second value may be 2 (integer value of 2) to the power of a third value. The third value may be a downlink PDCP sequence number size (hence the second value is the maximum possible SN sum (e.g., SN+1) and eventually wraps around back to 0, e.g., modulo operations); [0282] The downlink PDCP sequence number size may be configured to 12 (integer value of 12), 18 (integer value of 18), or another value in a case that the PDCP entity is established and/or configured). HORI does not explicitly disclose the initialization instruction instructing initialization of the PDCP variable, and wherein the initialization instruction is an instruction for re-establishing a PDCP entity. However, JO discloses receiving, an initialization instruction (Fig. 7 - RRC reconfiguration message involving a PDCP re-establishment; (RRC reconfiguration message); [0063] When the UE receives RRC reconfiguration message…if reestablishPDCP is set, the UE re-establishes the PDCP) instructing initialization of a PDCP variable ([0070] When upper layers request a PDCP entity re-establishment, the receiving PDCP entity i) discards all stored PDCP SDUs and PDCP PDUs for SRBs, ii) resets the header compression protocol for downlink and start with NC state in U-mode if drb-ContinueROHC is not configured for UM DRB, iii) sets RX_NEXT and RX_DELIV to the initial value for UM DRBs and SRBs, iv) applies the ciphering algorithm and key provided by upper layers during the PDCP entity re-establishment procedure, and v) applies the integrity protection algorithm and key provided by upper layers during the PDCP entity re-establishment procedure (Steps i-v are instructions for re-establishing a PDCP entity); [0071] Here, ‘RX_NEXT” is a state variable (PDCP variable) indicating the COUNT value of the next PDCP SDU expected to be received. The initial value is 0; [0072] As mentioned above, the state variables and COUNT values are reset (state variables and count values are being initialized to 0) when the PDCP re-establishment is performed implies that the reordering function performed in the PDCP entity is also changed; [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8), and the initialization instruction is an instruction for re-establishing a PDCP entity ([0070] (Steps i-v are instructions for re-establishing a PDCP entity); [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8). It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the initialization instruction of HORI to include the initialization instruction instructing initialization of the PDCP variable, and the initialization instruction is the instruction for re-establishing a PDCP entity message as taught by JO in order to deliver all the stored PDCP SDUs to the upper layers to be utilized rather than discarding the PDCP SDUs before performing the remaining steps of the PDCP re-establishment to prevent data loss (JO - [0081] When a PDCP entity performs PDCP re-establishment, delivering the stored SDUs to the upper layer rather than discarding it is slightly better in that the delivered PDCP SDUs may be utilized by upper layer; [0099] After delivering the stored PDCP SDUs to the upper layer, the receiving PDCP entity performs remaining steps of re-establishment (S807); Fig. 8). Regarding claim 4, HORI discloses: A user equipment in a mobile communication system for providing a multicast broadcast service (MBS) from a base station to the user equipment ([0015] the terminal apparatus, and performing processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS; [0050] the UE 122 is also simply referred to as a terminal apparatus or a UE), the user equipment (Fig. 5) comprising a transceiver circuitry (Fig. 5 – 500, 504) and a processing circuitry (Fig. 5 – 502; [0316] each functional block or various characteristics of the apparatuses used in the above-described embodiments may be implemented or performed with an electric circuit, that is, typically an integrated circuit or multiple integrated circuits. An electric circuit designed to perform the functions described in the present specification may include a general-purpose processor) operatively associated with the transceiver circuitry and configured to execute processing of ([0194] The UE 122 illustrated in FIG. 5 includes a receiver 500 that receives an RRC message and the like from the base station apparatus, a processing unit 502 that performs processing in accordance with parameters included in a received message, and a transmitter 504 that transmits an RRC message and the like to the base station apparatus): setting (Fig. 12 – S1204; [Abstract] The processing unit maintains a first state variable in a receiving PDCP entity of the terminal apparatus, and performs processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS; [0235] In Step S1204, the processing unit 502 of the UE 122 may determine whether the parameter related to COUNT is included in the MBS configuration information message received in Step S1202 for the MBS session of interest. The parameter related to COUNT may be a parameter related to the COUNT value that the gNB 108 is to use or is using for MBS session transmission; [0105] In the PDCP, in a case of performing processing of ciphering or integrity protection, a COUNT value may be used. The COUNT value may include a Hyper Frame Number (HFN) being a state variable of the PDCP, and a Sequence Number (SN) added to the header of the PDCP PDU; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable (UE sets the COUNT value as an initial value of the PDCP variable) indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity) an initial value of a PDCP variable for a multicast service ([0029] FIG. 12 is a diagram illustrating an example of a flow of an MBS reception procedure; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), based on a PDCP sequence number included in a PDCP packet ([0104] The PDCP may have a function of maintenance of the sequence number. The PDCP may have a header compression and decompression function for efficiently transmitting, in wireless sections, user data such as an IP Packet and an Ethernet frame) received first from the base station (Fig. 12 –S1202; [0235] The COUNT value that the gNB 108 is to use or is using for the MBS session transmission MBS session may be the COUNT value being a state variable of the transmitting PDCP entity that the gNB 108 is to use or is using for MBS session transmission. In a case that the gNB 108 transmits the MBS configuration information message... The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH or the MTCH), wherein the PDCP variable is a variable used for reception window control ([0240] the timer used for PDCP status report transmission may be started or restarted, based on satisfaction of a condition... and/or that the state variable (for example, the state variable referred to as RX_NEXT) indicating the COUNT value of the PDCP SDU expected to be received next is larger than the state variable (for example, the state variable referred to as RX_DELIV) indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer, in a case that the PDCP of the UE 122 receives the PDCP data PDU from a lower layer) and indicates a count value of a PDCP SDU expected to be received next ([0238] the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity... The PDCP entity of the MRB of the UE 122 may use the COUNT value... or a value obtained by subtracting a certain value from the acquired COUNT value as an initial value of the state variable indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer on a receiving side of the PDCP entity (hence the PDCP variable is used for reception control of the first PDCP PDU that are to be received and have not been delivered). The value obtained by subtracting a certain value from the acquired COUNT value may be a value obtained by subtracting a half value of a window size from the acquired COUNT value; [0272] the processing unit 502 of the UE 122 may maintain the state variable indicating the COUNT value of the PDCP SDU expected to be received next in the receiving PDCP entity… the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C) ; [0273] (A) based on that it is reception of the MBS data, set an initial value of the sequence number part of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as a first value); and receiving (Fig. – 12, S1200, SIB), from the base station, an RRC message ([0217] the processing unit 602 of the gNB 108 may create a first System Information Block (SIB) being a type of RRC message, and transmit the SIB from the transmitter 600 to the UE 122; [0219] The receiver 500 of the UE 122 may receive the RRC message transmitted on the MCCH, based on the configuration of the first SIB) including an initialization instruction instructing initialization of a PDCP entity ([0160] The SDAP entity, the PDCP entity, the RLC entity, and the logical channel established... and/or configured using an RRC message (hence initialization instruction for the PDCP entity) that the terminal apparatus receives from the base station apparatus; [0235] The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH... At the timing at which the COUNT value is transmitted, the gNB 108 may set the latest value of the COUNT value of the transmitting PDCP entity, or the last COUNT value used for MBS session transmission, or the COUNT value used for next MBS session transmission, which the gNB 108 is to use or is using for MBS session transmission, to an RRC message and/or a PDCP control PDU for transmission; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), and the setting (Fig. 12 – S1204; [Abstract] setting, based on a fact that the data to be received from the base station apparatus is data of an MBS, an initial value of a sequence number part of the first state variable as a first value and setting based on a fact that the data to be received from the base station apparatus is at least not the data of the MBS, the initial value of the first state variable to 0; [0235]; [0105]; [0238];) includes setting a sum of the PDCP sequence number and "1" as the initial value ([0274] the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C); [0275] (C) based on that it is at least not reception of the MBS data, set an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as 0 (integer value of 0);) within a range not exceeding a size of the PDCP sequence number ([0276] Note that the first value may be a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (first value = 1 because the state variable was 0). The first value may be an absolute value of a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (integer value of 1). The first value may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. The second value may be 2 (integer value of 2) to the power of a third value. The third value may be a downlink PDCP sequence number size (hence the second value is the maximum possible SN sum (e.g., SN+1) and eventually wraps around back to 0, e.g., modulo operations); [0282] The downlink PDCP sequence number size may be configured to 12 (integer value of 12), 18 (integer value of 18), or another value in a case that the PDCP entity is established and/or configured). HORI does not explicitly disclose the initialization instruction instructing initialization of the PDCP variable, and wherein the initialization instruction is an instruction for re-establishing a PDCP entity. However, JO discloses receiving, an initialization instruction (Fig. 7 - RRC reconfiguration message involving a PDCP re-establishment; (RRC reconfiguration message); [0063] When the UE receives RRC reconfiguration message…if reestablishPDCP is set, the UE re-establishes the PDCP) instructing initialization of a PDCP variable ([0070] When upper layers request a PDCP entity re-establishment, the receiving PDCP entity i) discards all stored PDCP SDUs and PDCP PDUs for SRBs, ii) resets the header compression protocol for downlink and start with NC state in U-mode if drb-ContinueROHC is not configured for UM DRB, iii) sets RX_NEXT and RX_DELIV to the initial value for UM DRBs and SRBs, iv) applies the ciphering algorithm and key provided by upper layers during the PDCP entity re-establishment procedure, and v) applies the integrity protection algorithm and key provided by upper layers during the PDCP entity re-establishment procedure (Steps i-v are instructions for re-establishing a PDCP entity); [0071] Here, ‘RX_NEXT” is a state variable (PDCP variable) indicating the COUNT value of the next PDCP SDU expected to be received. The initial value is 0; [0072] As mentioned above, the state variables and COUNT values are reset (state variables and count values are being initialized to 0) when the PDCP re-establishment is performed implies that the reordering function performed in the PDCP entity is also changed; [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8), and the initialization instruction is an instruction for re-establishing a PDCP entity ([0070] (Steps i-v are instructions for re-establishing a PDCP entity); [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8). It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the initialization instruction of HORI to include the initialization instruction instructing initialization of the PDCP variable, and the initialization instruction is the instruction for re-establishing a PDCP entity message as taught by JO in order to deliver all the stored PDCP SDUs to the upper layers to be utilized rather than discarding the PDCP SDUs before performing the remaining steps of the PDCP re-establishment to prevent data loss (JO - [0081] When a PDCP entity performs PDCP re-establishment, delivering the stored SDUs to the upper layer rather than discarding it is slightly better in that the delivered PDCP SDUs may be utilized by upper layer; [0099] After delivering the stored PDCP SDUs to the upper layer, the receiving PDCP entity performs remaining steps of re-establishment (S807); Fig. 8). Regarding claim 5, HORI discloses: A mobile communication system (Fig. 1) for providing a multicast broadcast service (MBS), the mobile communication system comprising ([0015] a method of a terminal apparatus for communicating with a base station apparatus. The method includes receiving data from the base station apparatus, maintaining a first state variable in a receiving PDCP entity of the terminal apparatus, and performing processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS): a user equipment ([0050] the UE 122 is also simply referred to as a terminal apparatus or a UE); and a base station to the user equipment ([0015] a method of a terminal apparatus for communicating with a base station apparatus), wherein the user equipment is configured to set (Fig. 12 – S1204; [Abstract] The processing unit maintains a first state variable in a receiving PDCP entity of the terminal apparatus, and performs processing of, in the maintaining, setting, based on a fact that the data to be received from the base station apparatus is data of an MBS; [0235] In Step S1204, the processing unit 502 of the UE 122 may determine whether the parameter related to COUNT is included in the MBS configuration information message received in Step S1202 for the MBS session of interest. The parameter related to COUNT may be a parameter related to the COUNT value that the gNB 108 is to use or is using for MBS session transmission; [0105] In the PDCP, in a case of performing processing of ciphering or integrity protection, a COUNT value may be used. The COUNT value may include a Hyper Frame Number (HFN) being a state variable of the PDCP, and a Sequence Number (SN) added to the header of the PDCP PDU; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable (UE sets the COUNT value as an initial value of the PDCP variable) indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity) an initial value of a PDCP variable for a multicast service ([0029] FIG. 12 is a diagram illustrating an example of a flow of an MBS reception procedure; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), based on a PDCP sequence number included in a PDCP packet ([0104] The PDCP may have a function of maintenance of the sequence number. The PDCP may have a header compression and decompression function for efficiently transmitting, in wireless sections, user data such as an IP Packet and an Ethernet frame) received first from the base station (Fig. 12 –S1202; [0235] The COUNT value that the gNB 108 is to use or is using for the MBS session transmission MBS session may be the COUNT value being a state variable of the transmitting PDCP entity that the gNB 108 is to use or is using for MBS session transmission. In a case that the gNB 108 transmits the MBS configuration information message... The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH or the MTCH), wherein the PDCP variable is a variable used for reception window control ([0240] the timer used for PDCP status report transmission may be started or restarted, based on satisfaction of a condition... and/or that the state variable (for example, the state variable referred to as RX_NEXT) indicating the COUNT value of the PDCP SDU expected to be received next is larger than the state variable (for example, the state variable referred to as RX_DELIV) indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer, in a case that the PDCP of the UE 122 receives the PDCP data PDU from a lower layer) and indicates a count value of a PDCP SDU expected to be received next ([0238] the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity... The PDCP entity of the MRB of the UE 122 may use the COUNT value... or a value obtained by subtracting a certain value from the acquired COUNT value as an initial value of the state variable indicating the COUNT value of the first PDCP PDU out of the PDCP SDUs that are to be received and have not been delivered to the upper layer on a receiving side of the PDCP entity (hence the PDCP variable is used for reception control of the first PDCP PDU that are to be received and have not been delivered). The value obtained by subtracting a certain value from the acquired COUNT value may be a value obtained by subtracting a half value of a window size from the acquired COUNT value; [0272] the processing unit 502 of the UE 122 may maintain the state variable indicating the COUNT value of the PDCP SDU expected to be received next in the receiving PDCP entity… the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C) ; [0273] (A) based on that it is reception of the MBS data, set an initial value of the sequence number part of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as a first value); and receive (Fig. – 12, S1200, SIB), from the base station, an RRC message ([0217] the processing unit 602 of the gNB 108 may create a first System Information Block (SIB) being a type of RRC message, and transmit the SIB from the transmitter 600 to the UE 122; [0219] The receiver 500 of the UE 122 may receive the RRC message transmitted on the MCCH, based on the configuration of the first SIB) including an initialization instruction instructing initialization of a PDCP entity ([0160] The SDAP entity, the PDCP entity, the RLC entity, and the logical channel established... and/or configured using an RRC message (hence initialization instruction for the PDCP entity) that the terminal apparatus receives from the base station apparatus; [0235] The parameter related to COUNT may be a parameter related to timing at which the COUNT value is transmitted from the gNB 108 using the MCCH... At the timing at which the COUNT value is transmitted, the gNB 108 may set the latest value of the COUNT value of the transmitting PDCP entity, or the last COUNT value used for MBS session transmission, or the COUNT value used for next MBS session transmission, which the gNB 108 is to use or is using for MBS session transmission, to an RRC message and/or a PDCP control PDU for transmission; [0238] In Step S1204, the PDCP entity of the MRB of the UE 122 may use the COUNT value... as an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next on a receiving side of the PDCP entity), and the setting (Fig. 12 – S1204; [Abstract] setting, based on a fact that the data to be received from the base station apparatus is data of an MBS, an initial value of a sequence number part of the first state variable as a first value and setting based on a fact that the data to be received from the base station apparatus is at least not the data of the MBS, the initial value of the first state variable to 0; [0235]; [0105]; [0238];) includes setting a sum of the PDCP sequence number and "1" as the initial value ([0274] the processing unit 502 of the UE 122 may perform processing including a part or all of the following processing of (A) to (C); [0275] (C) based on that it is at least not reception of the MBS data, set an initial value of the state variable indicating the COUNT value of the PDCP SDU expected to be received next as 0 (integer value of 0);) within a range not exceeding a size of the PDCP sequence number ([0276] Note that the first value may be a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (first value = 1 because the state variable is 0). The first value may be an absolute value of a value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 (integer value of 1). The first value may be a remainder obtained by dividing the value obtained by incrementing the sequence number of the PDCP data PDU received first by 1 by a second value. The second value may be 2 (integer value of 2) to the power of a third value. The third value may be a downlink PDCP sequence number size (hence the second value is the maximum possible SN sum (e.g., SN+1) and eventually wraps around back to 0, e.g., modulo operations); [0282] The downlink PDCP sequence number size may be configured to 12 (integer value of 12), 18 (integer value of 18), or another value in a case that the PDCP entity is established and/or configured). HORI does not explicitly disclose the initialization instruction instructing initialization of the PDCP variable, and wherein the initialization instruction is an instruction for re-establishing a PDCP entity. However, JO discloses receiving, an initialization instruction (Fig. 7 - RRC reconfiguration message involving a PDCP re-establishment; (RRC reconfiguration message); [0063] When the UE receives RRC reconfiguration message…if reestablishPDCP is set, the UE re-establishes the PDCP) instructing initialization of a PDCP variable ([0070] When upper layers request a PDCP entity re-establishment, the receiving PDCP entity i) discards all stored PDCP SDUs and PDCP PDUs for SRBs, ii) resets the header compression protocol for downlink and start with NC state in U-mode if drb-ContinueROHC is not configured for UM DRB, iii) sets RX_NEXT and RX_DELIV to the initial value for UM DRBs and SRBs, iv) applies the ciphering algorithm and key provided by upper layers during the PDCP entity re-establishment procedure, and v) applies the integrity protection algorithm and key provided by upper layers during the PDCP entity re-establishment procedure (Steps i-v are instructions for re-establishing a PDCP entity); [0071] Here, ‘RX_NEXT” is a state variable (PDCP variable) indicating the COUNT value of the next PDCP SDU expected to be received. The initial value is 0; [0072] As mentioned above, the state variables and COUNT values are reset (state variables and count values are being initialized to 0) when the PDCP re-establishment is performed implies that the reordering function performed in the PDCP entity is also changed; [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8), and the initialization instruction is an instruction for re-establishing a PDCP entity ([0070] (Steps i-v are instructions for re-establishing a PDCP entity); [0081] It is invented that to the receiving PDCP entity delivers all stored PDCP SDUs to upper layers when performing the PDCP re-establishment procedure; Fig. 8). It would have been obvious to a person of ordinary skill in the art at the time of the invention was filed to modify the initialization instruction of HORI to include the initialization instruction instructing initialization of the PDCP variable, and the initialization instruction is the instruction for re-establishing a PDCP entity message as taught by JO in order to deliver all the stored PDCP SDUs to the upper layers to be utilized rather than discarding the PDCP SDUs before performing the remaining steps of the PDCP re-establishment to prevent data loss (JO - [0081] When a PDCP entity performs PDCP re-establishment, delivering the stored SDUs to the upper layer rather than discarding it is slightly better in that the delivered PDCP SDUs may be utilized by upper layer; [0099] After delivering the stored PDCP SDUs to the upper layer, the receiving PDCP entity performs remaining steps of re-establishment (S807); Fig. 8). Regarding claim 6, HORI further discloses: A chipset for a user equipment (Fig. 5; [0313] A program running on an apparatus according to an aspect of the present invention may serve as a program that controls a Central Processing Unit (CPU) and the like to cause a computer to operate in such a manner as to implement the functions of the above-described embodiments according to the aspect of the present invention. Programs or the information handled by the programs are temporarily loaded into a volatile memory such as a Random Access Memory (RAM) while being processed, or stored in a non-volatile memory such as a flash memory, or a Hard Disk Drive (HDD), and then read, modified, and written by the CPU, as necessary; [0316] Furthermore, each functional block or various characteristics of the apparatuses used in the above-described embodiments may be implemented or performed with an electric circuit, that is, typically an integrated circuit or multiple integrated circuits. An electric circuit designed to perform the functions described in the present specification may include a general-purpose processor, a digital signal processor (DSP), an application specific integrated circuit (ASIC), a field programmable gate array (FPGA), or other programmable logic devices, discrete gates or transistor logic, discrete hardware components, or a combination thereof) in a mobile communication system (Fig. 1) for providing a multicast broadcast service (MBS) from a base station to the user equipment (Fig. 12; [0015]; [Abstract];), the chipset carrying out the method of claim 1 ([0313];). Regarding claim 7, HORI further discloses: A non-transitory computer-readable storage medium storing a program for causing a computer to carry out the method of claim 1 ([0313] A program running on an apparatus according to an aspect of the present invention may serve as a program that controls a Central Processing Unit (CPU) and the like to cause a computer to operate in such a manner as to implement the functions of the above-described embodiments according to the aspect of the present invention. Programs or the information handled by the programs are temporarily loaded into a volatile memory such as a Random Access Memory (RAM) while being processed, or stored in a non-volatile memory such as a flash memory, or a Hard Disk Drive (HDD), and then read, modified, and written by the CPU, as necessary). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THERESA NGUYEN whose telephone number is (571)272-2386. The examiner can normally be reached Monday - Friday 9AM - 5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MOO JEONG can be reached at (571)272-9617. 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. /THERESA NGUYEN/ Examiner, Art Unit 2418 /Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Show 8 earlier events
Jan 23, 2026
Request for Continued Examination
Jan 29, 2026
Response after Non-Final Action
Mar 17, 2026
Non-Final Rejection mailed — §103, §112
May 23, 2026
Interview Requested
Jun 02, 2026
Applicant Interview (Telephonic)
Jun 02, 2026
Examiner Interview Summary
Jun 15, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12640871
EFFICIENT DATA TRANSMISSION IN UNLICENSED SPECTRUM
2y 9m to grant Granted May 26, 2026
Patent 12587892
APPARATUS FOR PERFORMING VEHICLE OTA UPDATE AND METHOD THEREOF
3y 8m to grant Granted Mar 24, 2026
Patent 12557146
DETERMINING RANDOM-ACCESS CHANNEL IMPACTED CELLS IN WIRELESS NETWORK
3y 0m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 3 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
60%
Grant Probability
99%
With Interview (+100.0%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month