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 Arguments
Applicant's arguments filed on 12/22/2025 have been fully considered but they are not persuasive.
Applicant’s election with traverse of Group I (claims 1-10, 19) in the reply filed on 12/22/2025 is acknowledged. The traversal is on the ground(s) that searching all Groups I and II would not place a serious burden on the Examiner as it is not clear how searching for one would not also result in searching for the other. The Examiner respectfully disagrees because Group I and Group II require different field of search and classes/subclasses (e.g., CPC symbols and sub symbols). For example, Group II requires search strings for limitations: “creating a provisioning session…”; “compiling service access information…”; “transmitting, to the 5GMSu application provider…”, however the search strings used for Group II may not be applicable for Group I. The subcombination of Group II are separately usable (e.g., do not only use with subcombination of Group I) and do not overlap in scope and not obvious variants of Group I.
Examiner provided a statement that there would be a serious search and examination burden because of one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries);
(d) the prior art applicable to one invention would not likely be applicable to another invention;
(e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
In addition, the applicant argues that “…subcombination are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable.”, but that statement is not entirely accurate since MPEP 806.05(d) indicates that such may only “usually” be the case. Additionally, the applicant argues that on page 2 of the requirement asserts that “[i]nventions I and II are related as subcombinations disclosed as usable together in a single combination”. MPEP 806.05(d) notes that:
“Two or more claimed subcombinations, disclosed as usable together in a single combination, and which can be shown to be separately usable, are usually restrictable when the subcombinations do not overlap in scope and are not obvious variants.
To support a restriction requirement where applicant separately claims plural subcombinations usable together in a single combination and claims a combination that requires the particulars of at least one of said subcombinations, both two-way distinctness and reasons for insisting on restriction are necessary. Each subcombination is distinct from the combination as claimed if:
(A) the combination does not require the particulars of the subcombination as claimed for patentability (e.g., to show novelty and unobviousness), and
(B) the subcombination can be shown to have utility either by itself or in another materially different combination.” Thus, the applicant concludes that the Restriction failed to make a prima facie case according to the UPSTO guidelines of MPEP 806.05(d) for the “necessary” showing of “two-way distinctness”.
The Examiner respectfully disagrees because as the MPEP 806.05(d) clearly states that “To support a restriction requirement where applicant separately claims plural subcombinations usable together in a single combination and claims a combination that requires the particulars of at least one of said subcombinations, both two-way distinctness and reasons for insisting on restriction are necessary…” (Emphasis added). However, in the present application, the applicant merely includes claims drawn to two subcombinations usable together in a single combination but not claiming a combination that requires the particulars of at least one of the subcombinations. Two-way distinctness test requires the comparison between subcombinations and a combination, in order to determine whether the combination requires the particulars of the subcombination as claimed for patentability. Thus, both two-way distinctness and reasons for insisting on restriction are not necessary.
Further, as apparent in the prior art rejections provided below, for claim 19, Rhyu et al. (Pub No.: 2022/0368731) in view of Sodagar (Pub No.: 2021/0344998) discloses a user equipment (UE) (Rhyu et al. see UE 10 in fig. 2a) comprising:
at least one memory configured to store program code (Rhyu et al. see para. 0103, …a memory having the software installed thereon); and
at least one processor (Rhyu et al. see para. 0103, … the UE 10 may be implemented to include at least one processor controlling the operations of the UE 10) configured to read the program code and operate as instructed by the program code, the program code including:
receiving code configured to cause the at least one processor to receive service access information that includes one or more media entry points parameters (read as the service access information including ASD in para. 0065) for an uplink 5G media streaming (5GMS) session (Rhyu et al. see fig. 2a, step 206; para. 0065, 0070; The service access information received from the AF 21 may include at least one of whether the requested process is available, an indication of the information required by the process of the AS 22 among the ambient environment information available on the UE 10, … The service access information may include the AR service description (ASD) or address information through which the UE 10 may receive the ASD). The service access information may include AR service description ASD (e.g., entry point) for establishing a transmission session to transmit/receive media content between the media player and the application server;
selecting code configured to cause the at least one processor to select one of the one or more media entry points (Rhyu et al. see fig. 2a, step 212; processes the received ASD in operation 212). The UE processed/selected the ASD;
activating code configured to cause the at least one processor to activate the uplink 5GMS session based on the selected one of the one or more media entry points (Rhyu et al. see fig. 2b, step 216; para. 0070, 0073; in operation 216, the media player 12 establishes a transmission session between media player and AS). The UE activates/establishes a transmission session based on the processed/selected ASD…; and
Sodagar from the same or similar fields of endeavor discloses the transmitting code configured to cause the at least one processor to transmit, during the uplink media streaming session, content to a 5G media streaming uplink (5GMSu) application server (AS) (Sodagar see fig. 3, communication link 324; para. 0039; Media Streamer 310 may communicate with 5GMSu AS 305 in order to stream the media content and provide a service to the 5GMSu Aware Application 302 for media capturing). The media streamer 210 (UE) may communicate 5G content with the 5GMSu AS during a streaming session.
However, Rhyu et al. and Sodagar in combination do not disclose the limitations: creating code configured to cause the at least one processor to create a provisioning session with a 5GMSu application provider for an uplink 5G media streaming (5GMS) session; compiling code configured to cause the at least one processor to compile service access information for the uplink 5GMS session that includes the one or more media entry points; and transmitting code configured to cause the at least one processor to transmit, to the 5GMSu application provider, the service access information, wherein the service access information is provided to a user equipment (UE) that selects one of the one or more media entry points, as required in Group II.
Thus, the inventions employ different search queries and the prior art (Rhyu et al. and Sodagar) is application to invention of Group I and is not applicable to invention of Group II.
The requirement is still deemed proper and is therefore made FINAL.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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, 4, 7, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhyu et al. (Pub No.: 2022/0368731) in view of Sodagar (Pub No.: 2021/0344998).
Regarding claim 19, Rhyu et al. discloses a user equipment (UE) (Rhyu et al. see UE 10 in fig. 2a) comprising:
at least one memory configured to store program code (Rhyu et al. see para. 0103, …a memory having the software installed thereon); and
at least one processor (Rhyu et al. see para. 0103, … the UE 10 may be implemented to include at least one processor controlling the operations of the UE 10) configured to read the program code and operate as instructed by the program code, the program code including:
receiving code configured to cause the at least one processor to receive service access information that includes one or more media entry points parameters (read as the service access information including ASD in para. 0065) for an uplink 5G media streaming (5GMS) session (Rhyu et al. see fig. 2a, step 206; para. 0065, 0070; The service access information received from the AF 21 may include at least one of whether the requested process is available, an indication of the information required by the process of the AS 22 among the ambient environment information available on the UE 10, … The service access information may include the AR service description (ASD) or address information through which the UE 10 may receive the ASD). The service access information may include AR service description ASD (e.g., entry point) for establishing a transmission session to transmit/receive media content between the media player and the application server;
selecting code configured to cause the at least one processor to select one of the one or more media entry points (Rhyu et al. see fig. 2a, step 212; processes the received ASD in operation 212). The UE processed/selected the ASD;
activating code configured to cause the at least one processor to activate the uplink 5GMS session based on the selected one of the one or more media entry points (Rhyu et al. see fig. 2b, step 216; para. 0070, 0073; in operation 216, the media player 12 establishes a transmission session between media player and AS). The UE activates/establishes a transmission session based on the processed/selected ASD.
However, Rhyu et al. does not explicitly disclose feature to transmit, during the uplink media streaming session, content to a 5G media streaming uplink (5GMSu) application server (AS).
Sodagar from the same or similar fields of endeavor discloses the feature to transmit, during the uplink media streaming session, content to a 5G media streaming uplink (5GMSu) application server (AS) (Sodagar see fig. 3, communication link 324; para. 0039; Media Streamer 310 may communicate with 5GMSu AS 305 in order to stream the media content and provide a service to the 5GMSu Aware Application 302 for media capturing). The media streamer 210 (UE) may communicate 5G content with the 5GMSu AS during a streaming session.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Rhyu et al. and to implement with the feature as taught by Sodagar to transmit content 5G content with the 5GMSu AS during a streaming session.
The motivation would be to improve transmission efficiency.
Claim 1 is rejected similarly to claim 19.
Regarding claim 4, Rhyu et al. discloses the feature wherein the service access information includes, for each media entry point, at least one protocol (read as the AR content) and one or more parameters (read as the ambient environment information) (Rhyu et al. see fig. 4, ASD 35, including scene description 41, attribute information 43 and ASD extensions 44; para. 0081, 0085; As the components of the ASD, components related to the information transmitted by the AS 22 are as follows. The AS 22 compiles the AR content selected by the UE 10 and the ambient environment information received from the UE 10, constructing the shape of the AR content to be shown on the display of the UE 10.). The service access information includes ASD (entry point), which includes as component(s) (e.g., AR content selected by the UE and the ambient environment information).
Regarding claim 7, Sodagar discloses the feature wherein the receiving the service access information further comprises: receiving, by a 5GMSu aware application of the UE from a 5GMSu application provider over a M8u interface during a provisioning session, a service announcement that comprises the service access information (Sodagar see para. 0040; Link 328 may relate to M8u, which may be an Application API which is used for information exchange between 5GMSu Aware Application 302 and 5GMSu Application Provider 301, for example to provide service access information to the 5GMSu Aware Application 302.). Thus, the 5GMSu aware application receives from the 5GMSu application provider the service access information over link 328 (provisioning session).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Rhyu et al. and to implement with the feature as taught by Sodagar to receive service access information over link 328 between the 5GMSu aware application and 5GMSu application provider.
The motivation would be to improve transmission reliability.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhyu et al. (Pub No.: 2022/0368731) in view of Sodagar (Pub No.: 2021/0344998), as applied to claim 1 above, and further in view of Stockhammer et al. (Pub No.: 2023/0052505).
Regarding claim 8, Rhyu et al. in view of Sodagar does not explicitly disclose the feature wherein the receiving the service access information further comprises: retrieving, by a 5GMSu client of the UE from the a 5GMSu application function (AF), the service access information.
Stockhammer et al. from the same or similar fields of endeavor discloses the feature wherein the receiving the service access information further comprises: retrieving, by a 5GMSu client of the UE from the a 5GMSu application function (AF), the service access information (Stockhammer et al. see para. 0105, 0112; the media session handler 804 interacts with the 5GMSd AF 810 to acquire the service access information (e.g., using the reference to the service access information)). The 5MBS (5GMS) client 802 includes media session handler 804 for retrieving service access information from 5GMSd AF.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Rhyu et al. in view of Sodagar and to implement with the feature as taught by Stockhammer et al. to retrieving, by the media session handler of UE, service access information from 5GMSd/5GMSu AF.
The motivation would be to provide transmission reliability.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhyu et al. (Pub No.: 2022/0368731) in view of Sodagar (Pub No.: 2021/0344998), as applied to claim 1 above, and further in view of Pan et al. (Pub No.: 2024/0267338).
Regarding claim 10, Rhyu et al. in view of Sodagar does not explicitly disclose the feature wherein the service access information is compiled by a 5GMSu application function (AF).
Pan from the same or similar fields of endeavor discloses the feature wherein the service access information is compiled by a 5GMSu application function (AF) (Pan et al. see para. 0130; The 5GMS AF determines service access information (SAI) based on feature information sent by the 5GMS application service provider).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Rhyu et al. in view of Sodagar and to implement with the feature as taught by Pan et al. wherein the service access information is generated by the 5GMS AF.
The motivation would be to improve transmission reliability.
Allowable Subject Matter
Claims 2, 3, 5, 6, 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner's Note
The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pan et al. (Pub No.: 2024/0283714) discloses a communication method, apparatus, and system. The communication system includes unified data management and an authentication server function. The unified data management determines, based on anonymous domain information and configuration information, an authentication mode for authenticating the terminal device, and sends an authentication obtaining response message to the authentication server function. The anonymous domain information is usable to indicate an identifier of a network to which an authentication device capable of authenticating the terminal device belongs, and the authentication mode includes an external authentication mode or an internal authentication mode. The configuration information includes an identifier of one or more networks corresponding to the external authentication mode and/or an identifier of one or more networks corresponding to the internal authentication mode. The authentication obtaining response message includes the authentication indication information indicating the authentication mode.
Stockhammer et al. (Pub No.: 2023/0050764) discloses various aspects of the present disclosure generally relate to wireless communication. In some aspects, a user equipment (UE) may receive an indication that a 5G media streaming (5GMS) service is partially available over a 5G multicast/broadcast service (5MBS). The UE may receive information that indicates a first set of resources of the 5GMS service that are accessible or delivered via 5G unicast, and a second set of resources of the 5GMS service that are accessible or delivered via 5MBS, wherein the second set of resources are hosted on a server of the UE. The UE may receive or transmit data associated with the 5GMS service. Numerous other aspects are described.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm.
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, Ricky Ngo can be reached at 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAN YUEN/Primary Examiner, Art Unit 2464