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 have been considered.
Applicant has amended the claims and argued those amendments. Examiner agrees with Applicant’s arguments. However, Examiner notes that Applicant argues that claims 7 and 17 have been amended with the same limitations including ‘…a second RAT different from the first RAT…’ Claim 17 does not have his limitation.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 3, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980), and further in view of Kodaypak (2017/0013421).
Regarding claim 1, Zhu discloses a communication method, applied to a terminal device or a chip in the terminal device, wherein the method comprises: (See Zhu fig. 1, para. 32, 33; User Equipment (e.g. a terminal) executing an algorithm stored in memory)
receiving a first service data packet of a first service from an application server (AS) over a multicast session of a first connection; and (See Zhu fig. 11, para. 90; UE receiving data/media over MBMS session (e.g. multicast session) from a GCSE-AS (e.g. application server); para. 91, 117; packet of MBMS session- data/media packets)
in response to the terminal device switching from the first connection to a second connection, sending first information to the AS, wherein the first information is configured to trigger the AS to send a second service data packet of the first service to the terminal device in a unicast transmission mode. (See Zhu fig. 11; para. 94; UE is indicated to use unicast channel for group communication service; para. 89; make before break connection, step 6 UE is connected using UC bearer; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Regarding claim 2, Zhu in view of Kodaypak discloses the method according to claim 1, wherein after the sending first information to the AS, the method further comprises:
receiving the second service data packet of the first service from the AS in the unicast transmission mode. (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Regarding claim 3, Zhu in view of Kodaypak discloses the method according to claim 2, wherein the receiving the second service data packet of the first service from the AS in the unicast transmission mode comprises:
receiving the second service data packet of the first service from the AS through a unicast transmission path of the second connection. (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Regarding claim 4, Zhu in view of Kodaypak discloses the method according to claim 1, wherein the terminal device switches from the first connection to the second connection in response to at least one of the following:
a signal quality of the first connection is less than a first threshold; (See Zhu para. 91, fig. 11; UE detects strength of signals (e.g. signal quality) has fallen below a threshold (e.g. a first threshold))
a signal quality of the second connection is greater than a second threshold;
a signal quality of the second connection is greater than a signal quality of the first connection;
the terminal device is located within a coverage area of the second connection; or
the terminal device moves from a coverage area of the first connection to a coverage area of the second connection. (See Zhu fig. 11; para. 94-95; UE detects MBMS coverage is weak so switches to unicast (e.g. terminal is located within a coverage area of second connection/moves from a coverage area of the first connection to a coverage area of the second connection)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980), and further in view of Kodaypak (2017/0013421) and further in view of Prasad (2016/0374050).
Regarding claim 5, Zhu in view of Kodaypak discloses the method according to claim 1.
Zhu discloses that the UE indicates to the GCSE AS that it is moved out from MBMS coverage. (See Zhu fig. 11, para. 95)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Zhu does not explicitly disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. However, Prasad does disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. (See Prasad para. 109; UE sends a message to the application server requesting unicast service; para. 105; UE can no longer use MBMS; See also fig. 6, 9; e.g. this is an indication of switching) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable of Prasad with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast when possible while ensuring continued connectivity by using unicast when not possible to use multicast and further to allow the network to explicitly know that the UE wishes to continue the transmissions after leaving the multicast session which prevents dropped connections.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980), and further in view of Kodaypak (2017/0013421).
Regarding claim 7, Zhu discloses a communication method, applied to an application server (AS) or the chip in the AS, wherein the method comprises: (See Zhu fig. 11; GCSE-AS (e.g. Application Server); para. 32, 33; processor executing an algorithm stored in memory)
sending a first service data packet of a first service to a terminal device over a multicast session of a first mobile communication system; (See Zhu fig. 11, para. 90; UE receiving data/media over MBMS session (e.g. multicast session) from a GCSE-AS (e.g. application server); para. 91, 117; packet of MBMS session- data/media packets; para. 34 LTE (e.g. first mobile communication system))
receiving first information from the terminal device, wherein the first information triggers the AS to send a second service data packet of the first service to the terminal device in a unicast transmission mode; and (See Zhu fig. 11; para. 94; UE is indicated to use unicast channel for group communication service; para. 89; make before break connection, step 6 UE is connected using UC bearer; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
sending the second service data packet of the first service to the terminal device in the unicast transmission mode based on the first information. (See Zhu fig. 11, para. 96; step 9; media is unicast to UE)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980) and further in view of Kodaypak (2017/0013421).and further in view of Prasad (2016/0374050).
Regarding claim 8, Zhu in view of Kodaypak discloses the method according to claim 7.
Zhu discloses that the UE indicates to the GCSE AS that it is moved out from MBMS coverage. (See Zhu fig. 11, para. 95)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Zhu does not explicitly disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. However, Prasad does disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. (See Prasad para. 109; UE sends a message to the application server requesting unicast service; para. 105; UE can no longer use MBMS; See also fig. 6, 9; e.g. this is an indication of switching) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable of Prasad with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast when possible while ensuring continued connectivity by using unicast when not possible to use multicast and further to allow the network to explicitly know that the UE wishes to continue the transmissions after leaving the multicast session which prevents dropped connections.
Regarding claim 9, Zhu in view of Kodaypak in view of Prasad discloses the method according to claim 8, wherein the sending the second service data packet of the first service to the terminal device in the unicast transmission mode comprises:
sending the second service data packet of the first service to the terminal device through a unicast transmission path of the second connection. (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11, 12, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980) and further in view of Kodaypak (2017/0013421).
Regarding claim 11, Zhu discloses a communication apparatus, applied to a terminal device and comprising:
a non-transitory computer-readable memory storage comprising instructions; and
one or more processors in communication with a transceiver and the memory storage, wherein when the one or more processors execute the instructions they are configured to: (See Zhu fig. 1, para. 32, 33; User Equipment (e.g. a terminal) executing an algorithm stored in memory)
receiving a first service data packet of a first service from an application server (AS) over a multicast session of a first connection; and (See Zhu fig. 11, para. 90; UE receiving data/media over MBMS session (e.g. multicast session) from a GCSE-AS (e.g. application server); para. 91, 117; packet of MBMS session- data/media packets)
in response to the terminal device switching from the first connection to a second connection, sending first information to the AS, wherein the first information is configured to trigger the AS to send a second service data packet of the first service to the terminal device in a unicast transmission mode. (See Zhu fig. 11; para. 94; UE is indicated to use unicast channel for group communication service; para. 89; make before break connection, step 6 UE is connected using UC bearer; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Regarding claim 12, Zhu in view of Kodaypak discloses the communication apparatus according to claim 11, wherein when the one or more processors execute the instructions they are further configured to:
receive the second service data packet of the first service from the AS in the unicast transmission mode. (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Regarding claim 13, Zhu in view of Kodaypak discloses the communication apparatus according to claim 12, wherein when the one or more processors execute the instructions they are further configured to:
receiving the second service data packet of the first service from the AS through a unicast transmission path of the second connection. (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Regarding claim 14, Zhu in view of Kodaypak discloses the communication apparatus according to claim 11, wherein when the one or more processors execute the instructions they are further configured to switch from the first connection to the second connection in response to at least one of the following:
a signal quality of the first connection is less than a first threshold; (See Zhu para. 91, fig. 11; UE detects strength of signals (e.g. signal quality) has fallen below a threshold (e.g. a first threshold))
a signal quality of the second connection is greater than a second threshold;
a signal quality of the second connection is greater than a signal quality of the first connection;
the terminal device is located within a coverage area of the second connection; or
the terminal device moves from a coverage area of the first connection to a coverage area of the second connection. (See Zhu fig. 11; para. 94-95; UE detects MBMS coverage is weak so switches to unicast (e.g. terminal is located within a coverage area of second connection/moves from a coverage area of the first connection to a coverage area of the second connection)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980) and further in view of Kodaypak (2017/0013421) and further in view of Prasad (2016/0374050).
Regarding claim 15, Zhu in view of Kodaypak discloses the communication apparatus according to claim 11,
Zhu discloses that the UE indicates to the GCSE AS that it is moved out from MBMS coverage. (See Zhu fig. 11, para. 95)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT different from the first RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Zhu does not explicitly disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. However, Prasad does disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. (See Prasad para. 109; UE sends a message to the application server requesting unicast service; para. 105; UE can no longer use MBMS; See also fig. 6, 9; e.g. this is an indication of switching) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable of Prasad with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast when possible while ensuring continued connectivity by using unicast when not possible to use multicast and further to allow the network to explicitly know that the UE wishes to continue the transmissions after leaving the multicast session which prevents dropped connections.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980), and further in view of Kodaypak (2017/0013421).
Regarding claim 17, Zhu discloses a communication apparatus, applied to an application server (AS) and comprising:
a non-transitory computer-readable memory storage comprising instructions; and
one or more processors in communication with a transceiver and the memory storage, wherein when the one or more processors execute the instructions they are configured to: (See Zhu fig. 11; GCSE-AS (e.g. Application Server); para. 32, 33; processor executing an algorithm stored in memory)
sending a first service data packet of a first service to a terminal device over a multicast session of a first mobile communication system; (See Zhu fig. 11, para. 90; UE receiving data/media over MBMS session (e.g. multicast session) from a GCSE-AS (e.g. application server); para. 91, 117; packet of MBMS session- data/media packets; para. 34 LTE (e.g. first mobile communication system))
receiving first information from the terminal device, wherein the first information triggers the AS to send a second service data packet of the first service to the terminal device in a unicast transmission mode; and (See Zhu fig. 11; para. 94; UE is indicated to use unicast channel for group communication service; para. 89; make before break connection, step 6 UE is connected using UC bearer; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
sending the second service data packet of the first service to the terminal device in the unicast transmission mode based on the first information. (See Zhu fig. 11, para. 96; step 9; media is unicast to UE)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2016/0211980) and further in view of Kodaypak (2017/0013421) and further in view of Prasad (2016/0374050).
Regarding claim 18, Zhu in view of Kodaypak discloses the communication apparatus according to claim 17.
Zhu discloses that the UE indicates to the GCSE AS that it is moved out from MBMS coverage. (See Zhu fig. 11, para. 95)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
Zhu does not explicitly disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. However, Prasad does disclose wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable. (See Prasad para. 109; UE sends a message to the application server requesting unicast service; para. 105; UE can no longer use MBMS; See also fig. 6, 9; e.g. this is an indication of switching) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the UE sends to the application server information explicitly requesting a second connection type communication when the first connection type is no longer viable of Prasad with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast when possible while ensuring continued connectivity by using unicast when not possible to use multicast and further to allow the network to explicitly know that the UE wishes to continue the transmissions after leaving the multicast session which prevents dropped connections.
Regarding claim 19, Zhu in view of Kodaypak in view of Prasad discloses the communication apparatus according to claim 18, wherein when the one or more processors execute the instructions they are further configured to:
sending the second service data packet of the first service to the terminal device through a unicast transmission path of the second connection (See Zhu fig. 11; para. 95-96; step 7 UE sends to GCSE-AS information that the UE has moved out of MBMS coverage area which triggers in step 9 the GCSE-AS sending data using the Unicast; para. 91, 117; packet of MBMS session- data/media packets)
Zhu does not explicitly disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. However, Kodaypak does disclose wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT. (See Kodaypak para. 78, fig. 8; switching from LTE broadcast environment (e.g. first RAT) to UTRAN non-broadcast environment (e.g. 2nd RAT)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Zhu to include the teaching of wherein the first mobile communication system is a mobile communication system using a first radio access technology (RAT), and the second mobile communication system is a mobile communication system using a second RAT of Kodaypak with the motivation being to increase connectivity and further to allow for continuity of data streams when transferring from one generation of 3GPP standard to another generation of 3GPP standard which increases connectivity and further to efficiently utilize limited wireless resources by using multicast/broadcast when possible while ensuring continued connectivity by using unicast when not possible to use multicast/broadcast.
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.
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/Stephen J Clawson/Primary Examiner, Art Unit 2461
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