DETAILED ACTION
1. It is hereby acknowledged that 18/540139 the following papers have been received and placed of record in the file: Remark date 03/13/24
Oath/Declaration
2. The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Drawings
3. The applicant’s drawings submitted are acceptable for examination purposes.
Claim Objections
4. Claims 1-20 objected to because of the following informalities: Claims 1, 17 and 19 discloses, determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell. The use of the word “if” can be interpreted as the included limitations does not necessarily need to occur. Applicant may choose to use when instead. Appropriate correction is required.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Patent (US 11,178,536 B2). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both relate to determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session. The main difference from Patent No Patent (US 11,178,536 B2) is the instant application explains transmitting information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell. This is an obvious modification for the purposes of determining which MBMS services will be needed or preferred.
Instant Application (18/540139) Patent (US 11,178,536 B2)
1.A method for resource capability notification by a user equipment (UE), the method comprising: determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell; determining a priority of one or more legacy MBMS services; and transmitting information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell.
1. A method for resource capability notification by a user equipment (UE), the method comprising: determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session in response to UE information related to the MBMS service not being broadcasted by a serving cell after transmission of a first interest indication for the MBMS service to the serving cell, the first interest indication indicating that the MBMS service is of interest to the UE, and the event indicating one of, MBMS service through the ROM session is not of interest to the UE, or the UE is not in reception of the MBMS service through the ROM session; and transmitting a second interest indication for the MBMS service to the serving cell through the ROM session, the second interest indication corresponding to the event.
The remaining current application’s claims are similar to patent application’s claims.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Patent No. (US 11,882,624). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both relate to determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session. The main difference from Patent No (US 11,882,624) is the instant application explains transmitting information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell. This is an obvious modification for the purposes of determining which MBMS services will be needed or preferred (i.e. legacy MBMS services).
Instant Application (18/540139) Patent (US 11,882,624)
1.A method for resource capability notification by a user equipment (UE), the method comprising: determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell; determining a priority of one or more legacy MBMS services; and transmitting information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell.
1. A method for resource capability notification by a user equipment (UE), the method comprising: determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session when UE information related to the MBMS service is not broadcasted by a serving cell; and transmitting an interest indication corresponding to the event to the serving cell, the interest indication including MBMS ROM service information and legacy MBMS service information.
The remaining current application’s claims are similar to patent application’s claims.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1, 2, 5, 6, 10-12, 14-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rico Alvarino et al (2019/0246244) in view of LEE (US 2013/0094428) in further view of Fujishiro et al(US 2019/0380078A1),
Regarding claim 1, Alvarino teaches a method for resource capability notification by a user equipment (UE), the method comprising: determining an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell; (see Alvarino paragraphs [0062], [0069] explains… In some aspects, the UE 120 may provide the information identifying the capability based at least in part on a radio resource control (RRC) message. For example, there may be an event defined in an RRC configuration associated with initiation of the MBMS ROM service that causes the BS 110 to request information identifying the capability of the UE 120. For example, the UE 120 may provide an RRC message to the BS 110 indicating that the MBMS ROM service has started, and the BS 110 may request the information identifying the capability based at least in part on the RRC message. Additionally, or alternatively, the RRC message may include the information identifying the capability., Fig.3 and 4)
Alvariono does not explicitly disclose MBMS service is not broadcasted by a serving cell ,
However Lee explains….According to an aspect, information related to the foregoing services is included in the MCCH information. The network may classify the multimedia service as an inactivated service until the multimedia service is started. The network may inform through MSI information that the multimedia service is not scheduled while including the information related to the multimedia service in the original session list. See paragraph [0062]
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine Alvarino with Lee’s system for transmitting control signals using an uplink. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve capability in a wireless system (see paragraph [0004])
Further Alvarino does not explicitly disclose determining a priority of one or more legacy MBMS services; and transmitting information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell.
However further combining analogous art Fujishiro paragraphs[0194], [0195] explains prioritizing SC-PTM.. [0204],[0205] explains In Rel-14, SC-PTM reception is supported only in IDLE. It means that the UE in Connected needs to be released to IDLE, in order to receive MBMS service of interest via SC-PTM. However, the eNB doesn't know whether the UE needs to prioritize SC-PTM over unicast. It may result in e.g., additional UE battery consumption and/or NW congestion, although it may be assumed the UE, especially in eNB-IoT, typically stays in Connected for a very short time. To make sure the optimal RRC state control for FeMTC/eNB-IoT, the existing MBMS Interest Indication could be reused, i.e., with mbms-Priority, which was intended for mobility control in the legacy releases. For example, the eNB may or may not decide to release RRC Connection when it receives the UE's prioritization between SC-PTM and unicast. So, MBMS Interest Indication should be supported in FeMTC/eNB-IoT.
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine the modified Alvarino with Fujishiro’s radio terminal, processor and method. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve coverage function (see paragraph [0004])
Regarding claim 2, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches wherein the interest indication corresponding to the event including at least one of an identity of the MBMS service or an interest of the UE, the interest of the UE indicating one of, the MBMS service through the ROM session is not of interest to the UE, or the UE is not in reception of the MBMS service through the ROM session. (see Avarino paragraphs [0042],[0043],[0071],[0083] explains interest indicator)
Regarding claim 5, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches wherein the event indicating one of, the MBMS service through the ROM session is not of interest to the UE, or the UE is not in reception of the MBMS service through the ROM session; and the UE information related to the MBMS service is responsive to an interest indication indicating that the MBMS service is of interest to the UE. (see Avarino paragraph [0042],[0043],[0071],[0083] explains interest indicator)
Regarding claim 6, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches further comprising: determining a legacy MBMS is of interest to the UE; and selectively transmitting at least one of a legacy service interest indication or the interest indication corresponding to the event, the legacy service interest indication. (see Alvarion paragraphs [0057], [0083] explains determining bandwidth capability for cells… in some aspects, the information identifying the capability is provided to a base station associated with a unicast communication with the UE. The UE may transmit an interest indicator associated with the MBMS ROM session. In some aspects, the interest indicator further comprises at least one of a numerology for the MBMS ROM session or a bandwidth for the MBMS ROM session; Fujishiro paragraph [0201]-[0204] explains MBMS interest .)
Regarding claim 10, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches wherein the determining of the priority comprising: determining the priority based on at least one of: a setting, a user-input, one or more services received by the UE, a performance measurement of the UE, or a performance criteria of the UE. (see Fujishiro paragraph [0079] explains… UE measurement…priority [0134] explains… MBMS service…s-criteria…r-criteria)
Regarding claim 11, the modified Avarino taught the method as claimed in claim 10, as described above. The modified Avarino further teaches wherein the priority indicates one of: the MBMS through the ROM session is not of interest to the UE; or the MBMS through the ROM session is of interest to the UE. (see Avarino paragraph [0042],[0043],[0071],[0083] explains interest indicator)
Regarding claim 12, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches further comprising: determining a priority of one or more legacy MBMS services; and determining the priority of the MBMS service relative to the priority of the one or more legacy MBMS services. (see Fujishiro paragraph [0079] explains… UE measurement…priority [0134] explains… MBMS service…s-criteria…r-criteria)
Regarding claim 13, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches wherein the transmitting the interest indication corresponding to the event comprising: adding a ROM service field in a MBMS interest indication message to identify at least one of a ROM service interest indication or a list of carrier frequencies supporting the MBMS service through the ROM session; extending a priority field in the MBMS interest indication message to indicate the priority; and triggering a procedure for sending the MBMS interest indication message with the ROM service field and the priority field.
Regarding claim 14, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches further comprising: determining the event related to the MBMS service when the UE is in reception of at least one MBMS in the ROM session or the UE is not in reception of the MBMS service through the ROM session. (see Fujishiro paragraph [0079] explains… UE measurement…priority [0134] explains… MBMS service…s-criteria…r-criteria)
Regarding claim 15, the modified Avarino taught the method as claimed in claim 1, as described above. The modified Avarino further teaches further comprising: receiving a capability enquiry message from the serving cell in response to transmitting the interest indication corresponding to the event; determining a capability of the UE in response to the capability enquiry message; and transmitting a capability message to the serving cell, the capability message including information about the capability. (see Alvarion paragraphs [0057], [0083] explains determining bandwidth capability for cells… in some aspects, the information identifying the capability is provided to a base station associated with a unicast communication with the UE. The UE may transmit an interest indicator associated with the MBMS ROM session. In some aspects, the interest indicator further comprises at least one of a numerology for the MBMS ROM session or a bandwidth for the MBMS ROM session; Fujishiro paragraph [0201]-[0204] explains MBMS interest .)
Regarding claim 16, the modified Avarino taught the method as claimed in claim 15, as described above. The modified Avarino further teaches further comprising: receiving the MBMS service through one of a legacy MBMS channel or a unicast channel from the serving cell in response to transmitting the interest indication corresponding to the event. (see Alvarion paragraphs [0057], [0083] explains determining bandwidth capability for cells… in some aspects, the information identifying the capability is provided to a base station associated with a unicast communication with the UE. The UE may transmit an interest indicator associated with the MBMS ROM session. In some aspects, the interest indicator further comprises at least one of a numerology for the MBMS ROM session or a bandwidth for the MBMS ROM session; Fujishiro paragraph [0201]-[0204] explains MBMS interest .)
Regarding claim 16, the modified Avarino taught the method as claimed in claim 15, as described above. The modified Avarino further teaches further comprising: receiving the MBMS service through one of a legacy MBMS channel or a unicast channel from the serving cell in response to transmitting the interest indication corresponding to the event. (see Alvarion paragraphs [0057], [0083] explains determining bandwidth capability for cells… in some aspects, the information identifying the capability is provided to a base station associated with a unicast communication with the UE. The UE may transmit an interest indicator associated with the MBMS ROM session. In some aspects, the interest indicator further comprises at least one of a numerology for the MBMS ROM session or a bandwidth for the MBMS ROM session; Fujishiro paragraph [0201]-[0204] explains MBMS interest .)
Regarding claim 17, Alvarino teaches a device for resource capability notification, comprising: at least one processor configured to, determine an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell; (see Alvarino paragraph [0062], [0069] explains… In some aspects, the UE 120 may provide the information identifying the capability based at least in part on a radio resource control (RRC) message. For example, there may be an event defined in an RRC configuration associated with initiation of the MBMS ROM service that causes the BS 110 to request information identifying the capability of the UE 120. For example, the UE 120 may provide an RRC message to the BS 110 indicating that the MBMS ROM service has started, and the BS 110 may request the information identifying the capability based at least in part on the RRC message. Additionally, or alternatively, the RRC message may include the information identifying the capability.)
Alvariono does not explicitly disclose MBMS service is not broadcasted by a serving cell ,
However Lee explains….According to an aspect, information related to the foregoing services is included in the MCCH information. The network may classify the multimedia service as an inactivated service until the multimedia service is started. The network may inform through MSI information that the multimedia service is not scheduled while including the information related to the multimedia service in the original session list. See paragraph [0062]
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine Alvarino with Lee’s system for transmitting control signals using an uplink. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve capability in a wireless system (see paragraph [0004])
Further Alvarino does not explicitly disclose determine a priority of one or more legacy MBMS services; and transmit information indicative of the determined priority in conjunction with an interest indication corresponding to the event to the serving cell.
However further combining Fujishiro [0194], [0195] explains prioritizing SC-PTM.. paragraphs [0204],[0205] explains In Rel-14, SC-PTM reception is supported only in IDLE. It means that the UE in Connected needs to be released to IDLE, in order to receive MBMS service of interest via SC-PTM. However, the eNB doesn't know whether the UE needs to prioritize SC-PTM over unicast. It may result in e.g., additional UE battery consumption and/or NW congestion, although it may be assumed the UE, especially in eNB-IoT, typically stays in Connected for a very short time. To make sure the optimal RRC state control for FeMTC/eNB-IoT, the existing MBMS Interest Indication could be reused, i.e., with mbms-Priority, which was intended for mobility control in the legacy releases. For example, the eNB may or may not decide to release RRC Connection when it receives the UE's prioritization between SC-PTM and unicast. So, MBMS Interest Indication should be supported in FeMTC/eNB-IoT.
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine the modified Alvarino with Fujishiro’s radio terminal, processor and method. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve coverage function (see paragraph [0004])
Regarding claim 18, the modified Avarino taught the device as claimed in claim 17, as described above. The modified Avarino further teaches wherein, the interest indication including MBMS ROM service information and legacy MBMS service information. (Fujishiro paragraphs [0204],[0205] explains In Rel-14, SC-PTM reception is supported only in IDLE. It means that the UE in Connected needs to be released to IDLE, in order to receive MBMS service of interest via SC-PTM. However, the eNB doesn't know whether the UE needs to prioritize SC-PTM over unicast. It may result in e.g., additional UE battery consumption and/or NW congestion, although it may be assumed the UE, especially in eNB-IoT, typically stays in Connected for a very short time. To make sure the optimal RRC state control for FeMTC/eNB-IoT, the existing MBMS Interest Indication could be reused, i.e., with mbms-Priority, which was intended for mobility control in the legacy releases. For example, the eNB may or may not decide to release RRC Connection when it receives the UE's prioritization between SC-PTM and unicast. So, MBMS Interest Indication should be supported in FeMTC/eNB-IoT.)
Regarding claim 19, Alvarino teaches a device for resource capability notification, comprising: a memory storing instructions; and at least one processor configured to execute the instructions to: determine an event related to a multimedia multicast-broadcast service (MBMS) service in a receive only mode (ROM) session, if UE information related to the MBMS service is not broadcasted by a serving cell; (see Alvarino paragraph [0062], [0069] explains… In some aspects, the UE 120 may provide the information identifying the capability based at least in part on a radio resource control (RRC) message. For example, there may be an event defined in an RRC configuration associated with initiation of the MBMS ROM service that causes the BS 110 to request information identifying the capability of the UE 120. For example, the UE 120 may provide an RRC message to the BS 110 indicating that the MBMS ROM service has started, and the BS 110 may request the information identifying the capability based at least in part on the RRC message. Additionally, or alternatively, the RRC message may include the information identifying the capability.)
Alvariono does not explicitly disclose MBMS service is not broadcasted by a serving cell ,
However Lee explains….According to an aspect, information related to the foregoing services is included in the MCCH information. The network may classify the multimedia service as an inactivated service until the multimedia service is started. The network may inform through MSI information that the multimedia service is not scheduled while including the information related to the multimedia service in the original session list. See paragraph [0062]
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine Alvarino with Lee’s system for transmitting control signals using an uplink. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve capability in a wireless system (see paragraph [0004])
Further Alvarino does not explicitly disclose determine a priority of one or more legacy MBMS services; and transmit information indicative of the determined priority in conjunction with an interest indication corres ponding to the event to the serving cell.
However Fujishiro [0194], [0195] explains prioritizing SC-PTM.. paragraphs [0204],[0205] explains In Rel-14, SC-PTM reception is supported only in IDLE. It means that the UE in Connected needs to be released to IDLE, in order to receive MBMS service of interest via SC-PTM. However, the eNB doesn't know whether the UE needs to prioritize SC-PTM over unicast. It may result in e.g., additional UE battery consumption and/or NW congestion, although it may be assumed the UE, especially in eNB-IoT, typically stays in Connected for a very short time. To make sure the optimal RRC state control for FeMTC/eNB-IoT, the existing MBMS Interest Indication could be reused, i.e., with mbms-Priority, which was intended for mobility control in the legacy releases. For example, the eNB may or may not decide to release RRC Connection when it receives the UE's prioritization between SC-PTM and unicast. So, MBMS Interest Indication should be supported in FeMTC/eNB-IoT.
It would be obvious to a person of ordinary skill in the art before the time of the invention to combine the modified Alvarino with Fujishiro’s radio terminal, processor and method. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention in order to improve coverage function (see paragraph [0004])
Regarding claim 20, the modified Avarino taught a non-transitory computer-readable storage medium, on which a computer program is stored, which, when executed by a processor, causes the processor to carry out the method according to claim 1. (see Alvarino paragraph [0033], [0087],[0094]; Fujishiro paragraph [0041],[0045],[0165])
Allowable Subject Matter
8. Claims 3-4, 7-9, 13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald Smarth whose telephone number is (571) 270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GERALD A SMARTH/Primary Examiner, Art Unit 2478