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 .
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 81,82,85,86,87, and 100 are rejected under 35 U.S.C. 103 as being unpatentable over Ericsson Telefon ( WO 2009/148383) in view of Research in Motion LTD (EP 1988663).
For independent claim 81, Ericsson Telefon ( WO 2009/148383) discloses:
an apparatus (see "base station 16-1" in figures 1 and 3) comprising:
at least one processor (it is noted that this is an implicit feature of the "base
station 16-1" in figures 1 and 3); and at least one memory including computer program code (it is noted that this is an implicit feature of the "base station 16-1" in figures 1 and 3), the at least one memory and the computer program code configured to, with the at least one processor, causing the apparatus to:
- identifying a MBS session associated with one or more UEs in a serving
cell associated with the apparatus (see page 3, lines 31 to 34; "Base
stations 16 within the RAN 12 provide radio coverage over given,
potentially overlapping service areas. For example, a base station 16-1
controls one or more cells 18-1. "; page 4, lines 4 to 8 and 11 to 14, "In
particular, the network 10 provides Multimedia Broadcast Multicast
Services (MBMS) to mobile stations 22, using point-to-point (p-t-p)
transmissions, point-to-multipoint (p-t-m) transmissions, or some
combination of both, depending on how many mobile stations 22 are
receiving MBMS transmissions in the given cells 18. With p-t-p
transmission, a given base station 16 transmits MBMS data to a given
mobile station 22 using a traffic channel dedicated to that mobile station
22. With p-t-m transmission, a given base station 16 broadcasts MBMS
data to multiple mobile stations 22 on a broadcast channel that is
commonly received by those mobile stations 22." and page 12, lines 6 to
8, "In the context of this document, an inter-base station neighbor cell is
one controlled by another base station 16. For example, two adjacent cells
18-1 and 18-2 are inter-base station neighboring cells if they are controlled
by different base stations 16-1 and 16-2. thus, the base
station 16-1 (apparatus) identifies an MBS session (MBMS data
transmission) to one or more UEs provided over its cell(s) 18-1);
communicating a first information set including information associated with
the serving cell associated with the apparatus and the MBS session
provided in the serving cell associated with the apparatus (see page 6,
lines 16 to 19, "For example, in at least one embodiment, the first base
station 16-1 is configured to share with the second base station 16-2
information about the number of mobile stations 22 or other user
equipment receiving MBMS traffic from the first base station 16- 1."; and
page 6, lines 28 to 33, "In addition to sharing MBMS user plane
configuration information, base stations 16 may share additional, related
information. For example, in one embodiment the first base station 16-1 is
configured to send cell identity information as part of or in association with
sending the one or more RRC messages to the second base station 16-2.
The cell identity information indicates to the second base station 16-2 the
identities of the cells 18 associated with the MBMS user plane
configuration information being shared."; and page 6, lines 34 to 37, "the
base station 16-1 uses the inter-base station interface 20 to send MBMS
user plane configuration information to the second base station 16-2, and
to send associated cell IDs and information about the number of MBMS
users being supported by the first base station 16-1 in the identified cells
18");
receiving, at the apparatus from an apparatus associated with a
neighboring cell, a second information set including information associated
with the neighboring cell and an MBS session provided in the neighboring
cell (see page 6, lines 19 to 23, "Further, in at least one such embodiment, the first base station 16-2 is configured to determine whether to change from p-t-m transmission of MBMS traffic to p-t-p transmission of MBMS traffic, based at least in part on receiving information from the second base station 16-2 about the number of mobile stations 22 or other user equipment receiving MBMS traffic from the second base station 16-2. "; and page 7, lines 3 to 5, "Likewise, the base station 16-2 may be configured to share such information with base station 16-1, and it should be understood that such sharing can be carried out between any given number of neighboring base stations 16.", and page 12, lines 6 to 8, "In the context of this document, an inter-base station neighbor cell is one
controlled by another base station 16. For example, two adjacent cells
18-1 and 18-2 are inter-base station neighboring cells if they are controlled
by different base stations 16-1 and 16-2.");
determining, by the apparatus, at least one MBS serving characteristic
associated with the serving cell associated with the apparatus based on
the UEs in the serving cell being served by the apparatus and the received
second information set (see page 6, lines 19 to 27, "Further, in at least
one such embodiment, the first base station 16-2 is configured to
determine whether to change from p-t-m transmission of MBMS traffic to
p-t-p transmission of MBMS traffic, based at least in part on receiving
information from the second base station 16-2 about the number of mobile
stations 22 or other user equipment receiving MBMS traffic from the
second base station 16-2. Additionally, in at least one such embodiment,
the first base station 16-1 is configured to determine whether to change
from p-t-p transmission of MBMS traffic to p- t-m transmission of MBMS
traffic, based at least in part on receiving information from the second
base station 16-2 about the number of mobile stations 22 or other user
equipment receiving MBMS traffic from the second base station 16-2.
and page 12, lines 25 to 28, "As such, a given base station 16-1
controlling MBMS transmission in the cell 18-1 should base its
determination of whether to transmit MBMS data using p-t-m or p-t-p not
only on the number of UEs in the cell 18-1 to which it is providing MBMS,
but also on the number of other-cell UEs that may be using its MBMS
transmissions for selective and/or soft combining." and page 12, line 34
to page 13, line 7, "Correspondingly, in one proposed method
embodiment, a first base station 16-1 shares with a second base station
16-2 information about the number of mobile stations 22 or other UEs
receiving MBMS traffic from the first base station 16-1. Further, the first
base station 16-1 determines whether to change from p-t-m transmission
of the MBMS traffic to p-t-p transmission of the MBMS traffic, based at
least in part on receiving information from the second base station 16-2
about the number of mobile stations 22 or other UEs receiving MBMS
traffic from the second base station 16-2. The first base station 16-1 also
determines whether to change from p-t-p transmission of MBMS traffic to
p-t-m transmission of the MBMS traffic, based at least in part on receiving
information from the second base station 16-2 about the number of mobile
stations 22 or other UEs receiving MBMS traffic from the second base
station 16-2. In one embodiment, it is proposed that, when a NodeB÷ is
counting UEs interested in a particular MBMS session, thus, according
to , the base station 16-1 counts the number of UEs receiving a
particular MBMS in the serving cell and in the neighbor cell; this "counting"
corresponds to the claimed "determining a MBS serving characteristic);
determining, by the apparatus, whether the serving cell associated with
the apparatus is a preferred cell to serve the MBS session to UEs based
on the at least one MBS serving characteristic ; and in response to
determining that the serving cell associated with the apparatus is the
preferred cell to serve the MBS session to UEs: serving, by the apparatus,
the MBS session to the UEs communicatively coupled with the apparatus
(see page 6, lines 19 to 27, "Further, in at least one such embodiment,
the first base station 16-2 is configured to determine whether to change
from p-t-m transmission of MBMS traffic to p-t-p transmission of MBMS
traffic, based at least in part on receiving information from the second
base station 16-2 about the number of mobile stations 22 or other user
equipment receiving MBMS traffic from the second base station 16-2.
Additionally, in at least one such embodiment, the first base station 16-1 is
configured to determine whether to change from p-t-p transmission of
MBMS traffic to p- t-m transmission of MBMS traffic, based at least in part
on receiving information from the second base station 16-2 about the
number of mobile stations 22 or other user equipment receiving MBMS
traffic from the second base station 16-2."; and page 12, lines 25 to 28,
"As such, a given base station 16-1 controlling MBMS transmission in the
cell 18-1 should base its determination of whether to transmit MBMS data
using p-t-m or p-t-p not only on the number of UEs in the cell 18-1 to
which it is providing MBMS, but also on the number of other-cell UEs that
may be using its MBMS transmissions for selective and/or soft
combining." and page 12, line 34 to page 13, line 7, "Correspondingly, in
one proposed method embodiment, a first base station 16-1 shares with a
second base station 16-2 information about the number of mobile stations
22 or other UEs receiving MBMS traffic from the first base station 16-1.
Further, the first base station 16-1 determines whether to change from p-t-
traffic, based at least in part on receiving information from the second
base station 16-2 about the number of mobile stations 22 or other UEs
receiving MBMS traffic from the second base station 16-2. The first base
station 16-1 also determines whether to change from p-t-p transmission of
MBMS traffic to p-t-m transmission of the MBMS traffic, based at least in
part on receiving information from the second base station 16-2 about the
number of mobile stations 22 or other UEs receiving MBMS traffic from the
second base station 16-2. In one embodiment, it is proposed that, when a
NodeB- is counting UEs interested in a particular MBMS session, it shall
be possible to include UEs that have reported interest in the MBMS
session on an RRC connection in an Inter NodeB- neighbor cell." ; thus,
the base station 16-1, based on the counted number of
UEs receiving a particular MBMS in the serving cell and in the neighbor
cell, determines whether its cell 18-1 shall transmit the MBS session via P-
t-P or P-t-M, which implies the selection of the preferred cell for
transmitting the service).
For claim 81, Ericsson Telefon ( WO 2009/148383) discloses all the subject matter of the claimed invention with the exception of determining, by the apparatus, whether the serving cell associated with the apparatus is a preferred cell to serve the MBS session to UEs based on the at least one MBS serving characteristic; and in response to determining that the serving cell associated with the apparatus is the preferred cell to serve the MBS session to UEs: serving, by the apparatus, the MBS session to the UEs communicatively coupled with the apparatus in a communications network. Research in Motion LTD (EP 1988663) from the same or similar fields of endeavor teaches a provision of determining, by the apparatus, whether the serving cell associated with the apparatus is a preferred cell to serve the MBS session to UEs based on the at least one MBS serving characteristic; and in response to determining that the serving cell associated with the apparatus is the preferred cell to serve the MBS session to UEs: serving, by the apparatus, the MBS session to the UEs communicatively coupled with the apparatus in a communications network ( See in particular paragraphs [0027], [0028] and [0037]), which describes a similar apparatus that counts the UEs receiving an MBS session per cell, wherein a preferred cell for transmitting an MBS session is determined based on the counting. For example, the cell 102-10 in figure 1 is determined to be the preferred cell for transmitting a MBS session "Service X" based on the determined "number of UEs" receiving said service in the cell 102-10 and the
overlapping neighbor cells). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use determining, by the apparatus, whether the serving cell associated with the apparatus is a preferred cell to serve the MBS session to UEs based on the at least one MBS serving characteristic; and in response to determining that the serving cell associated with the apparatus is the preferred cell to serve the MBS session to UEs: serving, by the apparatus, the MBS session to the UEs communicatively coupled with the apparatus in a communications network as taught by Research in Motion LTD (EP 1988663) in the communications network of Ericsson Telefon ( WO 2009/148383) for the purpose of determining that the serving cell associated with the apparatus is the preferred cell to serve the MBS session to UEs.
For independent claim 100 is rejected for the same reason as in claim 81.
For dependent claims 82,85,86, and 87, Ericsson Telefon ( WO 2009/148383) also discloses:
wherein the first information set includes, for each neighboring cell providing the MBS session, a number of UEs that can be handed over/dual connected (HO/DC) to/with the apparatus associated with the neighboring cell from the serving cell page 12, line 34 to page 13, line 7);
wherein the second information set includes for each serving cell associated with the apparatus providing the MBS session, a number of UEs that can be HO/DC from/with the apparatus associated with the neighboring cell page 12, line 34
to page 13, line 7);
further causing the apparatus to: in response to determining the preferred cell to serve the MBS session to UEs is the serving cell associated with the apparatus, communicating, by the apparatus to the apparatus associated with the neighboring cell, an indication of ongoing or possible PTM transmission page 12, line 34 to page 13, line 7); and
the at least one processor, further causing the apparatus to: receiving, at the apparatus from the apparatus associated with the neighboring cell, an indication of ongoing or possible PTM transmission; and causing, at the apparatus in response to the reception of the indication, an initialization of a DC/HO for the UEs communicatively coupled with the apparatus page 12, line 34 to page 13, line 7).
Claims 83,84, and 88-99 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nishant et al. (12,526,697) is cited to show a system which is considered pertinent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476