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 .
Detailed Action
1. This Action is in response to Applicant's Patent Application filed on November 17, 2023. Claims 1-20 are currently pending in the present application. This Action is made Non-Final.
America Invents Act (AIA ) Information
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement(s) submitted within this application (has/have) been considered by the Examiner and made of record in the application file.
Claim Rejections - 35 USC § 102
4. 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 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.
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
6. Claim(s) 1, 2, 4-11, and 13-20 (is/are) rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu; Chia-Hao et al. (US 20140286222 A1), hereafter “Yu.”
Consider claim 1. Yu discloses a method, comprising: receiving, by a network device, first parameters for an application executed on a first user equipment (UE) device (see fir. 2, par. 0049: “UE 101 may indicates its group communication interest when requesting the unicast bearer, and acquires a Temporary Mobile Group Identifier (TMGI) associated with a multicast MBMS bearer for receiving group traffic. In step 131, the multicast MBMS bearer is established when the PoC server or the BM-SC makes a multicast decision for the group communication. The multicast bearer, when appropriate, is used for DL group communication,” Examiner’s Note: The UE provides application/group communication interest information); receiving, by the network device, second parameters for the application executed on a second UE device (see par. 0052: “With PoC DL traffic multicasting, multiple UEs can receive PoC DL traffic from the same physical transmission. Within the core network, the same packet can be addressed to multiple eNBs via a multicast address. For radio transmission, multiple UEs are enabled to monitor the same DL assignment in RAN level” Examiner’s Note: The network receives status information associated with multiple UEs participating in the same group communication application); detecting, by the network device and based on the first and second parameters, a multicast opportunity for the application (see par. 0049: ”In step 131, the multicast MBMS bearer is established when the PoC server or the BM-SC makes a multicast decision for the group communication. The multicast bearer, when appropriate, is used for DL group communication. Alternatively, the MBMS bearer is pre-configured. As depicted in step 130, the pre-configured MBMS bearer occurs before the unicast bearer establishment in step 121. In step 141, UE 101 applies MBMS bearer configuration and sets up RAN resource for receiving DL group communication traffic” Examiner’s Note: Yu discloses making a multicast decision based on multiple UEs communication and the provided information); and providing, by the network device and to an application server for the first UE device and the second UE device, a multicast target address (see par. 0048: “Multicast distribution from BM-SC to subscribed UEs is supported by multicast address, and routing within the core network can be achieved by unicast distribution” par. 0055: “IP multicast address is allocated to eNBs through MME 313 and the multicast group is provided by BM-SC 303” Examiner’s Note: Yu discloses providing multicast addresses within the multicast distribution mechanism) to initiate multicast streaming to the first UE device and the second UE device (see par. 0051: “Group communication module 227 monitors a multicast MBMS bearer for receiving DL group traffic and de-multiplexes the DL traffic received either from the multicast MBMS bearer or from the unicast EPS bearer into the same group communication application” Examiner’s Note: Yu discloses group communication).
Consider claim 2 in view of claim 1 above. Yu further discloses wherein detecting the multicast opportunity for the application comprises: identifying that the first UE device and the second UE device are using the application on common resources in a mobile network (see par. 0052: “PoC traffic multicasting is supported to multicast distribution of the POC DL traffic in the core network, in RAN, or in both. With PoC DL traffic multicasting, multiple UEs can receive PoC DL traffic from the same physical transmission”).
Consider claim 4 in view of claim 1 above. Yu further discloses (see par. 0071: “TMGI is required for MBMS bearer services, because MBMS uses TMGI to uniquely identify an MBMS service within a PLMN. The linkage between TMGI and PoC group ID is made by the BM-SC”)
Consider claim 5 in view of claim 1 above. Yu further discloses wherein a network component that has the multicast target address initiates multicast streams between the first UE device and the second UE device (see par. 0076: “In step 1224, the BM-SC identifies PoC DL traffic multicasting opportunity for the subset of PoC group UEs, reserves a multicast IP, and prepares an MBMS bearer context configuration. In step 1225, the MBMS bearer context configuration, the subset of PoC UE, and the downstream nodes are passed from the BM-SC to the MBMS-GW via a PoC traffic multicast request”).
Consider claim 6 in view of claim 1 above. Yu further discloses receiving, by the network device, network data for devices to support a multicast service (see par. 0075: “In MBMS multicast mode, multicast decision can be made by the BM-SC, which examines periodically if certain UE fits for multicasting reception. For example, the BM-SC applies factors (as shown in FIG. 4) collected from the MBMS-GW and makes the multicast decision. For individual UEs, two bearers are established. One unicast EPS bearer is at least for PoC UL traffic”).
Consider claim 7 in view of claim 1 above. Yu further discloses wherein the network device includes an application function within a core network (see par. 0074: “The application network comprises a content provider 1101, a PoC server 1102, a Broadcast Multicast Service Center (BM-SC) 1103, and an MBMS gateway (MBMS-GW) 1104 for MBMS control plane and user plane (CP&UP).”).
Consider claim 8 in view of claim 1 above. Yu further discloses wherein a network component that has the multicast target address includes a multicast concentration point at one of: a multi-access edge computing (MEC) network; a core network; or an access network (see par. 0052: “PoC traffic multicasting is supported to multicast distribution of the POC DL traffic in the core network, in RAN, or in both” Examiner’s Note: claim is written in alternative format).
Consider claim 9 in view of claim 1 above. Yu further discloses wherein detecting the multicast opportunity for the application further includes: detecting multi-user multi-input multi-output (MU-MIMO) network capabilities at the multicast target address (see par. 0059: “The multicast decision is in general based on at least one of the following factors/criteria: the number of in-cell PoC group members, the number of PoC groups within a cell, UE mobility (handover rate) information, overhead analysis (based on ROHC, repetitive transmission scheme, and limited MCS selection), and the channel reliability indication. Channel reliability information comprises, for example, packet loss rate. It indicates the fitness for multicasting”).
Consider claim 10. Yu discloses network device, comprising: a processor (see fig. 2 #212, configured to: receive first parameters for an application executed on a first user equipment (UE) device (see fir. 2, par. 0049: “UE 101 may indicates its group communication interest when requesting the unicast bearer, and acquires a Temporary Mobile Group Identifier (TMGI) associated with a multicast MBMS bearer for receiving group traffic. In step 131, the multicast MBMS bearer is established when the PoC server or the BM-SC makes a multicast decision for the group communication. The multicast bearer, when appropriate, is used for DL group communication,” Examiner’s Note: The UE provides application/group communication interest information); receive second parameters for the application executed on a second UE device (see par. 0052: “With PoC DL traffic multicasting, multiple UEs can receive PoC DL traffic from the same physical transmission. Within the core network, the same packet can be addressed to multiple eNBs via a multicast address. For radio transmission, multiple UEs are enabled to monitor the same DL assignment in RAN level” Examiner’s Note: The network receives status information associated with multiple UEs participating in the same group communication application); detect, based on the first and second parameters, a multicast opportunity for the application (see par. 0049: ”In step 131, the multicast MBMS bearer is established when the PoC server or the BM-SC makes a multicast decision for the group communication. The multicast bearer, when appropriate, is used for DL group communication. Alternatively, the MBMS bearer is pre-configured. As depicted in step 130, the pre-configured MBMS bearer occurs before the unicast bearer establishment in step 121. In step 141, UE 101 applies MBMS bearer configuration and sets up RAN resource for receiving DL group communication traffic” Examiner’s Note: Yu discloses making a multicast decision based on multiple UEs communication and the provided information); and provide, to an application server for the first UE device and the second UE device,
a multicast target address (see par. 0048: “Multicast distribution from BM-SC to subscribed UEs is supported by multicast address, and routing within the core network can be achieved by unicast distribution” par. 0055: “IP multicast address is allocated to eNBs through MME 313 and the multicast group is provided by BM-SC 303” Examiner’s Note: Yu discloses providing multicast addresses within the multicast distribution mechanism) to initiate multicast streaming to the first UE device and the second UE device (see par. 0051: “Group communication module 227 monitors a multicast MBMS bearer for receiving DL group traffic and de-multiplexes the DL traffic received either from the multicast MBMS bearer or from the unicast EPS bearer into the same group communication application” Examiner’s Note: Yu discloses group communication).
Consider claim 11, the subject matter recited in this claim has already been addressed in rejection to claim 2. Therefore, it has been analyzed and rejected based upon the rejection to claim 2.
Consider claim 13, the subject matter recited in this claim has already been addressed in rejection to claim 4. Therefore, it has been analyzed and rejected based upon the rejection to claim 4.
Consider claim 14 in view of claim 10 above. Yu further discloses wherein, when providing the multicast target address to initiate multicast streaming, the processor is configured to provide instructions to configure multicast streams between the first UE device and the second UE device (see par. 0051: “configuration module 222 applies configuration information received from the network (e.g., for EPS bearer and MBMS bearer configuration) to establish unicast and multicast bearers, measurement module 223 performs radio signal measurements and reporting, HO module 224 performs handover or cell reselection procedure for UE mobility, MBMS control module 225 reports MBMS capability and reception/interest status to the network to support for making multicast decision”).
Consider claim 15, the subject matter recited in this claim has already been addressed in rejection to claim 6. Therefore, it has been analyzed and rejected based upon the rejection to claim 6.
Consider claim 16, the subject matter recited in this claim has already been addressed in rejection to claim 7. Therefore, it has been analyzed and rejected based upon the rejection to claim 7.
Consider claim 17, the subject matter recited in this claim has already been addressed in rejection to claim 1. Therefore, it has been analyzed and rejected based upon the rejection to claim 1. Furthermore, Yu at paragraph 50 discloses processor, memory, software to carry out the tasks of claim 1 above.
Consider claim 18 in view of claim 17 above. Yu further discloses wherein the first parameters or the second parameters are included in an application wrapper (see par. 0046: “In the following discussion, PoC service is used as an example representing for group communication, and other types of group communication applications, such as data exchange, video sharing, etc. are applicable.”).
Consider claim 19 in view of claim 17 above. Yu further discloses wherein the
instructions for providing the multicast target address to initiate multicast streaming further includes instructions to configure multicast streams between the first UE device and the second UE device (see par. 0051: “configuration module 222 applies configuration information received from the network (e.g., for EPS bearer and MBMS bearer configuration) to establish unicast and multicast bearers, measurement module 223 performs radio signal measurements and reporting, HO module 224 performs handover or cell reselection procedure for UE mobility, MBMS control module 225 reports MBMS capability and reception/interest status to the network to support for making multicast decision”).
Consider claim 20 in view of claim 17 above. Yu further discloses one or more instructions for: receiving, from the application server, an opt-in request for application-enabled multicast control; and receiving network data for devices to support multicast delivery (see par. 0049: “As illustrated in FIG. 1, in step 111, UE 101 joins a communication group. For example, UE 101 is interested in PoC service and joins a PoC group. The PoC groups can be semi-statically formed by a central controller in advance, or distributely formed by UEs via a user interface”).
Claim Rejections - 35 USC § 103
7. 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 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.
8. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
8. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
10. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
11. Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yu as applied to claim 1 and 10 above in view of Grinshpun; Edward et al. (US 20180242230 A1), hereafter “Grinshpun.”
Consider claim 3 in view of claim 1 above. Yu discloses all the limitation that this claim depends upon, but, however, does not particular refer to the following limitation taught by Grinshpun, in analogous art; wherein the first parameters and the second parameters identify a same live video event (see par. 0070: “The eNB1 may be configured to use the eMBMS control message from the BMSC as a basis for initiating a request to join the multicast group for the eMBMS flow for the live video content”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yu and have it include the teachings of Grinshpun. The motivation would have been in order to better coordinate group communication (see par. 0070).
Consider claim 12, the subject matter recited in this claim has already been addressed in rejection to claim 3. Therefore, it has been analyzed and rejected based upon the rejection to claim 3.
Conclusion
12. The following prior arts are made of record and not relied upon, but is considered pertinent to applicant's disclosure since they all disclose multicast services:
US 20220408228 A1
US 20220322291 A1
US 20220225058 A1
13. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Marcos Batista, whose telephone number is (571) 270-5209. The Examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm.
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, Rafael Pérez-Gutiérrez can be reached at (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MARCOS BATISTA/Primary Examiner, Art Unit 2642
May 19, 2026
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