DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed on July 23, 2026 have been fully considered but they are not persuasive because the previously cited prior art, Xu, discloses the argued limitation.
On page 6-7, the Applicant argues, “Xu fails to teach or suggest at least "transmitting, to the network node, a handover request acknowledge message including a radio resource control (RRC) reconfiguration message, the RRC reconfiguration message indicating that a user equipment (UE) is to release the first MRB and add a second MRB associated with a second MRB identifier", as recited in claim 1.
For this limitation, the Non-Final Action cites to various paragraphs of Xu as allegedly disclosing "the transmission of response or acknowledgment to the handover request including RRC reconfiguration or configuration to release or stop the first bearer and change to the second bearer associated with the identifiers." Non-Final Action at pages 2, 3. At paragraph [0192], for example, Xu states that a handover response message can include an "[i]ndication that the first bearer has been changed from a unicast bearer to an MBS bearer, or from the MBS bearer to the unicast bearer." During the Examiner interview (see Interview Summary Record above), the Examiner also noted that paragraphs [0205] and [0206] of Xu teach that a unicast bearer can be "for the MBS service," and asserted that Xu therefore discloses the change from a first MRB bearer to second MRB (unicast) bearer.
After further review subsequent to the Examiner interview, Applicant respectfully
disagrees. While Xu may teach changing from an MBS radio bearer (MRB) to a unicast radio bearer (and vice versa), Xu does not teach or suggest that this unicast radio bearer can be an MRB. To the contrary, Xu consistently differentiates between the use of "MBS bearers" and "unicast bearers," and treats them as distinct entities. For example, Xu states:
Multicast-broadcast service (MBS) may be used to provide contents to a plurality of UEs. The MBS service may be provided via an MBS bearer to a plurality of UEs. The MBS service may also be provided via a unicast bearer (e.g., data radio bearer (DRB)). To efficient utilization of radio resources for the MBS service, a bearer type (i.e., MBS bearer and/or unicast bearer) may need to be properly selected.
Xu at [0005]; see also, e.g., Xu at [0192] (stating that the handover response message may include an "[i]indication that the first bearer has been changed from a unicast bearer to an MBS bearer, or from the MBS bearer to the unicast bearer"). Thus, while Xu broadly contemplates the use of unicast to "provide" an "MBS service,"1 Xu does not teach that unicast is provided using an MBS radio bearer (MRB). To the contrary, and as seen in the above block quote, Xu specifically calls out a "data radio bearer (DRB)" as the unicast bearer, as an alternative to an MBS radio bearer (MRB).
Accordingly, even in view of Xu's statement that an MBS "service" may be provided via a unicast bearer, Xu fails to teach or suggest at least "transmitting, to the network node, a handover request acknowledge message including a radio resource control (RRC) reconfiguration message, the RRC reconfiguration message indicating that a user equipment
(UE) is to release the first MRB and add a second MRB associated with a second MRB identifier" (emphasis added), as recited in claim 1. Claim 1 is therefore patentable over the applied reference.”
The Examiner respectfully disagrees with the above argument. The Examiner respectfully submits that Xu clearly discloses the first and second bearers are for multicast and/or broadcast service (MBS) communications, and these are simply first and second MRB because MRB is MBS bearer. Yes, Xu describes a UE’s unicast for MBS service MBS radio bearer may be a unicast radio bearer but still it is MBS radio bearer, which is called MRB. In fact, Xu clearly explains, first, the UE’s unicast bearer is for MBS service, second, the UE’s unicast bearer for the MBS service can be changed to MRB to MRB for the MBS service, and third, the service is still MBS (multicast and/or broadcast) service by the second bearer or unicast bearer (not a unicast service) (paragraph [0190]-[0206]; [0169]-[0180]; [0185]-[0186]; [0209]-[0219]; [0223]-[0227]; and so on). Additionally, the first handover response message from the target RAD node comprises information informing a change of the first bearer to a second bearer and its ID (paragraph [0169]-[0180]; [0185]-[0186]; [0190]-[0204]; [0209]-[0219]; [0223]-[0227]; and so on).
Therefore, the Examiner respectfully submits that the above argument is not persuasive in view of Xu.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-6, 8, 10-12, and 14-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 2023/0284099 A1).
Regarding claim 1, Xu discloses a method, performed by a radio access network (RAN) node (Targe RAN node), of managing multicast and/or broadcast services (MBS) communications (abstract), the method comprising: receiving, from a network node (source RAN node), a handover request message including a first MBS radio bearer (MRB) identifier associated with a first MRB for an MBS session (e.g. figs. 7 and 12; paragraph [0189]; [0175]; [0178]; [0207]; [0209]; [0223]-[0225]; [0227]; [0235]; [0237]; [0009]-[0014]; [0140]-[0145]; and etc., illustrating the reception of handover request message including MRB and/or MRB ID related to MBS session); transmitting, to the network node, a handover request acknowledge message including a radio resource control (RRC) reconfiguration message, the RRC reconfiguration message indicating that a user equipment (UE) is to release the first MRB and add a second MRB associated with a second MRB identifier (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; [0175]; [0178]; [0140]-[0145]; and so on, explaining the transmission of response or acknowledgement to the handover request including RRC reconfiguration or configuration to release or stop the first bearer and change to the second bearer associated with the identifiers); and transmitting MBS data of the MBS session to the UE (e.g. fig. 7; paragraph [0130]; [0153]-[0155]; [0161]-[0165]; and so on, describing the transmission of MBS data of the MBS session to the UE ).
Regarding claim 8, Xu discloses a method, performed by a network node, of managing multicast and/or broadcast services (MBS) communications, the method comprising: transmitting, to a radio access network (RAN) node, a handover request message including a first MBS radio bearer (MRB) identifier associated with a first MRB for an MBS session (e.g. figs. 7 and 12; paragraph [0189]; [0209]; [0223]-[0225]; [0227]; [0235]; [0237]; [0009]-[0014]; and etc.); receiving, from the RAN node, a handover request acknowledge message including a radio resource control (RRC) reconfiguration message, the RRC reconfiguration message indicating that a user equipment (UE) is to release the first MRB and add a second MRB associated with a second MRB identifier (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; and so on); and transmitting the RRC reconfiguration message to the UE (e.g. fig. 7; paragraph [0130]; [0153]-[0155]; [0161]-[0165]; and so on).
Regarding claim 14, Xu discloses a method, performed by a user equipment (UE), of managing multicast and/or broadcast services (MBS) communications, the method comprising: receiving MBS data of an MBS session from a first radio access network (RAN) node via a first MBS radio bearer (MRB), the first MRB being associated with a first MRB identifier (e.g. figs. 7 and 12; paragraph [0189]; [0209]; [0223]-[0225]; [0227]; [0235]; [0237]; [0009]-[0014]; and etc.); receiving, from the first RAN node, a radio resource control (RRC) reconfiguration message, the RRC reconfiguration message including an MRB release configuration including a first MRB identifier and an MRB configuration including a second MRB identifier associated with a second MRB, the second MRB identifier being different from the first MRB identifier (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; and so on); based on the RRC reconfiguration message, releasing the first MRB and adding the second MRB (fig. 7; paragraph [0154]; [0162]; [0119]; [0130]; and so on); and receiving other MBS data of the MBS session from a second RAN node via the second MRB (e.g. fig. 7; paragraph [0130]; [0153]-[0155]; [0161]-[0165]; and so on).
Regarding claim 3 and 16, Xu discloses further comprising, after transmitting the handover request acknowledge message and before transmitting the MBS data to the UE: performing a random access procedure with the UE (paragraph [0131]).
Regarding claim 4 and 12, Xu discloses wherein the RRC reconfiguration message includes an MRB release configuration including the first MRB identifier and an MRB configuration including the second MRB identifier (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; and so on).
Regarding claim 5, Xu discloses further comprising, after receiving the handover request message: determining that the first MRB identifier and the second MRB identifier have different values (e.g. figs. 7 and 12; paragraph [0189]; [0209]; [0223]-[0225]; [0227]; [0235]; [0237]; [0009]-[0014]; and etc.); based on the determining, generating the RRC reconfiguration indicating that the UE is to release the first MRB and add the second MRB (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; and so on).
Regarding claim 6 and 10, Xu discloses wherein the RAN node is a target base station and the network node is a source base station (e.g. fig. 7).
Regarding claim 11, as applied above, Xu discloses wherein the first MRB identifier is different from the second MRB identifier (paragraph [0190]-[0204]; [0154]; [0162]; [0129]-[0130]; [0218]; [0209]; [0069]; [0185]; [0009]-[0014]; and so on).
Regarding claim 15, Xu discloses further comprising, before receiving the MBS data: performing an MBS session join procedure with the first RAN node to join the MBS session (paragraph [0150]-[0152]; [0158]-[0160]; and etc.).
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.
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.
Claims 2, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Di Gorolamo et al. (US 2023/0388866 A1).
Regarding claim 2 and 9, Xu discloses further comprising, before receiving the handover request message: performing an MBS session join procedure with the source RAN node for an other user equipment (UE) to join the MBS session (paragraph [0150]-[0152]; [0158]-[0160]; and etc.); and transmitting other MBS data of the MBS session to the other UE via the second MRB (paragraph [0153]-[0155]; [0161]-[0165]; and so on).
Xu doesn’t disclose the network node (source RAN node) is a core network (CN).
Di Gorolamo teaches the network node (source RAN node) is a core network (CN) (e.g. figs. 20A-20C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the network node (source RAN node) is a core network (CN) as taught by Di Gorolamo into Xu in order to easily facilitate high capacity communicate system between devices and other networks.
Regarding claim 7, as applied above, Xu discloses wherein the RAN node is a target base station. Xu doesn’t disclose the network node is a core network (CN).
Di Gorolamo teaches the network node is a core network (CN) (e.g. figs. 20A-20C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the network node is a core network (CN) as taught by Di Gorolamo into Xu in order to easily facilitate high capacity communicate system between devices and other networks.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM T HAILU whose telephone number is (571)270-1209. The examiner can normally be reached M-F 8:00 AM to 5:30 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, HUY D VU can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461
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