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 .
Claim Objections
Applicant is advised that should claims 88 and 84 be found allowable, claim 87 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s) 75-78, 80-82, 84, 86, 89, 90, 93 is/are rejected under 35 U.S.C. 102[a2] as being anticipated by Chen [US 2023/0262532].
As claims 75, Chen [US 2023/0262532] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to: receive, while having an established radio resource control connection with a source network element, multicast and broadcast services session through a point-to-point transmission or point-to-multipoint transmission [Fig 8-12, Ref UE and gNB1 established RRC_connected for receiving MBS content in PTP or PTM, Par. 0037]; receive a radio resource control message indicating target network element information [Fig 8-12, S-5MBSN configuration information, Par. 0060]; release a radio resource control connection and entering radio resource control idle state or inactive state in response to the radio resource control message [Fig 12, RRCrelease and entering idle/inactive state, Par. 0060]; select a target cell according to information received in the radio resource control message [Fig 8-12, UE select target cell for receiving content]; perform radio communication with the target cell [Fig 8-12, UE and gNB2 exchanges complete message]; and receive the multicast and broadcast services session in the target cell in inactive state or idle state [Fig 8-12, UE receiving MBS content in in the target cell in inactive state or idle state].
As claim 76, Chen [US 2023/0262532] discloses the radio resource control message is a radio resource control reconfiguration message or a radio resource control release message [Fig 7-12 discloses reconfiguration or release].
As claims 77, 86 and 88, Chen [US 2023/0262532] discloses the target network element information comprises one or more of the following: a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell [Fig 8-12 discloses the gNB2 send a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell, Par. 0056-0060].
As claim 78, Chen [US 2023/0262532] discloses the target network element information comprises an idle state command, and a multicast and broadcast services session configuration at the target cell [Fig 12 discloses UE receives RRC_Idle command and MSB configuration of target cell, Par. 0060].
As claim 80, Chen [US 2023/0262532] discloses use the multicast and broadcast services session configuration to receive a point-to-multipoint transmission of multicast and broadcast services session in idle state or inactive state in the target cell [Fig 12 and Par. 0060].
As claim 81, Chen [US 2023/0262532] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to: transmit a handover request message to a target network element [Fig 8-12, Request from gNB1 to gNB2]; receive a handover request response message comprising network communication information [Fig 8-12, Response from gNB2 to gNB1 includes communication data, Par. 56-60]; and transmit a radio resource control message to the user equipment indicating target network element information [Fig 8-12, gNB1 send RRC includes gNB2 information to UE].
As claims 82 and 93, Chen [US 2023/0262532] discloses the handover request message comprises a flag indicating that a user equipment is receiving point-to-point and/or point-to-multipoint transmission of a multicast and broadcast services session in a radio resource control connected state [Fig 8-12 and Par. 0056-0060, MBS ID etc.. in connected state].
As claim 84, Chen [US 2023/0262532] discloses the handover request response is a handover request acknowledgment message [Fig 8-12 discloses response is ack], and wherein the handover request acknowledgement message comprises at least one of: a command to a user equipment to go to radio resource control idle state or inactive state, a multicast and broadcast services session configuration [Fig 8-12, Par. 0056-0060], and a dedicated random access channel resource, and wherein the radio resource control message is a radio resource control reconfiguration message or a radio resource control release message [Fig 8-12, reconfiguration or release].
As claim 89, Chen [US 2023/0262532] discloses the at least one memory and the computer program code are further configured, with the at least one processor to cause the apparatus at least to: receive a context release message from the target network element [Par. 0061 discloses gNB1 receives context release from gNb2].
As claim 90, Chen [US 2023/0262532] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to receive a handover request message from a source network element [Fig 8-12, receiving request]; transmit, in response to the handover request message, a handover request response message comprising network communication information to the source network element [Fig 8-12, transmitting response]; and transmit, with point-to-multi point transmission, multicast and broadcast services session information to a user equipment in radio resource control idle state or inactive state [Fig 8-12, gNB2 send MBS content to UE in idle state].
Claim(s) 81-82, 84, 86, 88-89 is/are rejected under 35 U.S.C. 102[a2] as being anticipated by Kim [US 2022/0329982].
As claim 81, Kim [US 2022/0329982] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to: transmit a handover request message to a target network element [Fig 19, Ref 1602]; receive a handover request response message comprising network communication information [Fig 19, Ref 1615]; and transmit a radio resource control message to the user equipment indicating target network element information [Fig 19, Ref 1620].
As claim 82, Kim [US 2022/0329982] discloses the handover request message comprises a flag indicating that a user equipment is receiving point-to-point and/or point-to-multipoint transmission of a multicast and broadcast services session in a radio resource control connected state [Fig 19, Ref 1610 includes indicator, Par. 0751].
As claims 84 and 88, Kim [US 2022/0329982] discloses the handover request response is a handover request acknowledgment message [Fig 19, Ref 1615], and wherein the handover request acknowledgement message comprises at least one of: a command to a user equipment to go to radio resource control idle state or inactive state [Par. 0746], a multicast and broadcast services session configuration [Par. 0753], and a dedicated random access channel resource, and wherein the radio resource control message is a radio resource control reconfiguration message or a radio resource control release message [Par. 0746, reconfiguration or release].
As claims 86 and 88, Kim [US 2022/0329982] discloses the target network element information comprises one or more of the following: a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell [Fig 19 discloses the gNB2 send a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell, Par. 0750-0760].
As claim 89, Kim [US 2022/0329982] discloses the at least one memory and the computer program code are further configured, with the at least one processor to cause the apparatus at least to: receive a context release message from the target network element [Fig 19, s-70].
Claim Rejections - 35 USC § 103
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 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(s) 79, 84, 87-88, 91-92 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen [US 2023/0262532] in view of Da Silva [US 2024/0107409].
As claims 79, 84, 87-88 and 92, Chen [US 2023/0262532] fails to disclose what Da Silva [US 2024/0107409] discloses the target network element information further comprises a dedicated random access channel resource [Par. 0041].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Da Silva [US 2024/0107409] into the teaching of Chen [US 2023/0262532]. The motivation would have been to prevent data loss.
As claim 91, Chen [US 2023/0262532] fails to disclose what Da Silva [US 2024/0107409] discloses transmit a path switch request to a network element comprising information indicative of handover of the user equipment to idle state [Par. 0053 and 0061-0062 for idle].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for sending path switch request to network element as disclosed by Da Silva into the teaching of Chen. The motivation would have been to prevent data loss.
Claim(s) 83 and 94 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen [US 2023/0262532] in view of Hong [US 2024/0284485].
As claims 83 and 94, Chen [US 2023/0262532] discloses the network communication information comprises at least one of an indication that the multicast and broadcast services session in a target cell is served using point-to-multipoint transmission to user equipment in an idle or inactive delivery state [Fig 12, Par. 0060, idle or inactive], and a multicast and broadcast services session configuration [Fig 12, Par. 0060, MBS configuration]; and wherein the radio resource control message is a radio resource control release message [Fig 12, Par. 0060, release]. However, Chen [US 2023/0262532] fails to disclose what Hong [US 2024/0284485] discloses the handover request response is a handover request preparation failure message [Par. 0146].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Hong [US 2024/0284485] into the teaching of Chen [US 2023/0262532] . The motivation would have been to prevent data loss.
Claim(s) 85 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen [US 2023/0262532] in view of Babaei [US 2024/0064591].
As claim 85, Chen [US 2023/0262532] discloses wherein the network communication information comprises: a command to a user equipment to go to radio resource control idle state or inactive state, and a multicast and broadcast services session configuration [Fig 12 and Par. 0060] but fails to disclose what Babaei [US 2024/0064591] discloses the handover request response is an Xn Application Protocol handover request acknowledgement message [Par. 0113].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the handover request response is an Xn Application Protocol handover request acknowledgement message as disclosed by Babaei [US 2024/0064591] into the teaching of Chen [US 2023/0262532]. The motivation would have been to reduce delay.
Claim(s) 75-78, 80, 90 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] in view of Chen [US 2023/0262532].
As claims 75, Kim [US 2022/0329982] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to: receive, while having an established radio resource control connection with a source network element, multicast and broadcast services session through a point-to-point transmission or point-to-multipoint transmission [Fig 19, Ref UE and source established RRC_connected for receiving MBS content in PTP or PTM, Par. 0200]; receive a radio resource control message indicating target network element information [Fig 19, s-20], release a radio resource control connection and entering radio resource control idle state or inactive state in response to the radio resource control message [Par. 0746, RRCrelease and entering idle/inactive state]; select a target cell according to information received in the radio resource control message [Fig 19, S-40, UE select target cell for receiving content]; perform radio communication with the target cell [Fig 19, Ref S-40-S-55, UE and gNB2 exchanges complete message]. However, Kim [US 2022/0329982] fails to fully disclose what Chen [US 2023/0262532] discloses receive the multicast and broadcast services session in the target cell in inactive state or idle state [Fig 8-12, UE receiving MBS content in in the target cell in inactive state or idle state].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for allowing the UE to receive data in idle state as disclosed by Chen [US 2023/0262532] discloses into the teaching of Kim [US 2022/0329982]. The motivation would have been to improve a life of battery.
As claim 76, Kim [US 2022/0329982] discloses the radio resource control message is a radio resource control reconfiguration message or a radio resource control release message [Fig 19, Ref S-20 discloses reconfiguration or release, Par. 0746].
As claim 77, Kim [US 2022/0329982] discloses the target network element information comprises one or more of the following: a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell [Fig 19 discloses the gNB2 send a target cell frequency, a target cell identifier, and a multicast and broadcast services session configuration at the target cell, Par. 0750-0760].
As claim 78, Chen [US 2023/0262532] discloses the target network element information comprises an idle state command, and a multicast and broadcast services session configuration at the target cell [Fig 12 discloses UE receives RRC_Idle command and MSB configuration of target cell, Par. 0060].
As claim 80, Chen [US 2023/0262532] discloses use the multicast and broadcast services session configuration to receive a point-to-multipoint transmission of multicast and broadcast services session in idle state or inactive state in the target cell [Fig 12 and Par. 0060].
As claim 90, Kim [US 2022/0329982] discloses an apparatus, comprising: at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor to cause the apparatus at least to receive a handover request message from a source network element [Fig 19, S-10, receiving request]; transmit, in response to the handover request message, a handover request response message comprising network communication information to the source network element [Fig 19, S-15, transmitting response]. However, Kim fails to fully disclose what Chen [US 2023/0262532] discloses transmit, with point-to-multi point transmission, multicast and broadcast services session information to a user equipment in radio resource control idle state or inactive state [Fig 8-12, gNB2 send MBS content to UE in idle state].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for allowing the UE to receive data in idle state as disclosed by Chen [US 2023/0262532] discloses into the teaching of Kim [US 2022/0329982]. The motivation would have been to improve a life of battery.
As claim 93, Kim [US 2022/0329982] discloses the handover request message comprises a flag indicating that a user equipment is receiving point-to-point and/or point-to-multipoint transmission of a multicast and broadcast services session in a radio resource control connected state [Fig 19, Ref 1610 includes indicator, Par. 0751].
Claim(s) 79, 91-92 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] and Chen [US 2023/0262532] as claims 75 and 90 above and further in view of Da Silva [US 2024/0107409].
As claims 79 and 92, Kim [US 2022/0329982] and Chen [US 2023/0262532] fails to disclose what Da Silva [US 2024/0107409] discloses the target network element information further comprises a dedicated random access channel resource [Par. 0041].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Da Silva [US 2024/0107409] into the teaching of Kim [US 2022/0329982] and Chen [US 2023/0262532]. The motivation would have been to prevent data loss.
As claim 91, Kim [US 2022/0329982] and Chen [US 2023/0262532] fail to disclose what Da Silva [US 2024/0107409] discloses transmit a path switch request to a network element comprising information indicative of handover of the user equipment to idle state [Par. 0053 and 0061-0062 for idle].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for sending path switch request to network element as disclosed by Da Silva into the teaching of Chen. The motivation would have been to prevent data loss.
Claim(s) 83 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] in view of Hong [US 2024/0284485].
As claim 83, Kim [US 2022/0329982] discloses the network communication information comprises at least one of an indication that the multicast and broadcast services session in a target cell is served using point-to-multipoint transmission to user equipment in an idle or inactive delivery state [Par. 0746, idle or inactive], and a multicast and broadcast services session configuration [Par. 0750-0760, MBS configuration]; and wherein the radio resource control message is a radio resource control release message [Par. 0746, release]. However, Kim [US 2022/0329982]/ Chen [US 2023/0262532] fails to disclose what Hong [US 2024/0284485] discloses the handover request response is a handover request preparation failure message [Par. 0146].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Hong [US 2024/0284485] into the teaching of Kim [US 2022/0329982]/ Chen [US 2023/0262532]. The motivation would have been to prevent data loss.
Claim(s) 85 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] in view of Babaei [US 2024/0064591].
As claim 85, Kim [US 2022/0329982] discloses wherein the network communication information comprises: a command to a user equipment to go to radio resource control idle state or inactive state, and a multicast and broadcast services session configuration [Par. 0476, 0750-0760] but fails to disclose what Babaei [US 2024/0064591] discloses the handover request response is an Xn Application Protocol handover request acknowledgement message [Par. 0113].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the handover request response is an Xn Application Protocol handover request acknowledgement message as disclosed by Babaei [US 2024/0064591] into the teaching of Kim [US 2022/0329982]. The motivation would have been to reduce delay.
Claim(s) 84, 87-88 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] in view of Da Silva [US 2024/0107409].
As claims 84, 87-88, Kim [US 2022/0329982] and Chen [US 2023/0262532] fails to disclose what Da Silva [US 2024/0107409] discloses the target network element information further comprises a dedicated random access channel resource [Par. 0041].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Da Silva [US 2024/0107409] into the teaching of Kim [US 2022/0329982]. The motivation would have been to prevent data loss.
Claim(s) 94 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim [US 2022/0329982] and Chen [US 2023/0262532] as claim 90 above and further in view of Hong [US 2024/0284485].
As claim 94, and Chen [US 2023/0262532] and Kim [US 2022/0329982] discloses the network communication information comprises at least one of an indication that the multicast and broadcast services session in a target cell is served using point-to-multipoint transmission to user equipment in an idle or inactive delivery state [Par. 0746, idle or inactive], and a multicast and broadcast services session configuration [Par. 0750-0760, MBS configuration]; and wherein the radio resource control message is a radio resource control release message [Par. 0746, release]. However, Kim [US 2022/0329982] and Chen [US 2023/0262532] fails to disclose what Hong [US 2024/0284485] discloses the handover request response is a handover request preparation failure message [Par. 0146].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for notifying the dedicated random access channel resource to UE as disclosed by Hong [US 2024/0284485] into the teaching of Kim [US 2022/0329982] and Chen [US 2023/0262532]. The motivation would have been to prevent data loss.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fujishiro [US 20240298218] discloses A communication method performed by a UE in a mobile communication system for providing multicast broadcast service (MBS) includes: a step S6 of receiving, from a source cell C1, a radio resource control (RRC) reconfiguration message including a conditional handover (CHO) configuration regarding a candidate cell C2 for CHO; and a step S9 of starting MBS reception from the candidate cell C2 using an MBS reception configuration before performing the CHO in response to the CHO configuration including the MBS reception configuration, the MBS reception configuration allowing an MBS session provided by the candidate cell through Point-To-Multipoint (PTM) to be received.
Shrivastawa [US 20240089704] discloses a method and apparatus for resource allocation in a wireless communication system supporting multicast and broadcast services (MBS). The method comprises receiving, from a base station, configuration information associated with the MBS, and receiving, from the base station, MBS data on a common frequency resource (CFR) configured based on the configuration information, wherein the CFR is configured in a unicast bandwidth part (BWP).
DI GOROLAMO [US 20230388866] discloses Wireless User Equipment, UE, and network apparatuses may be adapted to facilitate continuity of Multicast/Broadcast Service, MBS, across cells. A UE in idle/inactive mode, for example, may receive MBS assistance information comprising scheduling information defining MB S reception windows and perform a cell re selection evaluation process accordingly. An UE in connected mode may conduct and report MB S quality measurements and receive an RRC reconfiguration comprising an MB S configuration for a target cell, determine that MBS transmission progress differs between the source cell and the target cell, and recover lost MBS PDUs or delete duplicate MBS PDUs accordingly. A network apparatus, such as a gNB for example, may map a GPRS Tunneling Protocol Sequence Number of an MBS PDU, to a Packet Data Convergence Protocol Sequence Number in a target cell, and determine an MB S configuration for use by a UE requesting a handover accordingly.
Kim [US 20230389049] discloses The present disclosure provides a method of a terminal supporting a multicast/broadcast service (MBS) in a wireless communication system. The method may comprise the steps of: receiving, from a base station, a radio resource control (RRC) message indicating to switch from a multicast service (point-to-multicast (PTM)) to a unicast service (point-to-point (PTP)); and initializing at least one window parameter on the basis of received packet data convergence protocol (PDCP) data.
Fujishiro [US 20230179963] discloses communication control method is used in a mobile communication system for providing a multicast broadcast service (MBS) from a base station to a user equipment, and includes transmitting, by the base station configured to manage a cell, to the user equipment via an MBS control channel of the cell, MBS control information used to receive MBS data, and transmitting, by the base station to the user equipment, a control area identifier indicating an MBS control area coverage corresponding to an area coverage where at least a part of the MBS control information is applicable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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, Edan Orgad can be reached at 571-272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
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