DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification (Title)
2. The disclosure is objected to because of the following informalities:
The title recites, “COMMUNICATION METHOD AND NETWORK APPARATUS”. The title of invention is “Vague and non-descriptive”
It is suggested to revise as “Continuing Multicast/Broadcast (MBS) service after a state transition of User Equipment” or equivalent thereof.
Appropriate correction is required.
Claim Objections
3. Claim 1-6 are objected to because of the following informalities:
Claim 1 recites “… the communication method comprising transmitting…” in lines 2-3 with no preamble. Claim' s first paragraph is narrative in form and replete with functional or operational language. Thus, there is no demarcation between preamble and body of claim. Thus, it is suggested to insert a colon “:” after “comprising” in line 2.
Claim 3 recites “… further comprising causing…” in lines 1-2 with no preamble. Claim' s first paragraph is narrative in form and replete with functional or operational language. Thus, there is no demarcation between preamble and body of claim. Thus, it is suggested to insert a colon “:” after “comprising” in line 1.
Claim 6 recites “… the network apparatus comprising a communicator configured…” in lines 2-3 with no preamble. Claim' s first paragraph is narrative in form and replete with functional or operational language. Thus, there is no demarcation between preamble and body of claim. Thus, it is suggested to insert a colon “:” after “comprising” in line 2.
Claims 2, 4 and 5 are also objected since they are dependent upon objected claims as set forth above.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
5. Claim 3 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 3 recites, “the transmitting a message comprises transmitting the message for requesting” in lines 4 and claim 1 recites “transmission, by a first network apparatus, a message for requesting continuation” in line 3 . It is unclear whether “the message” in claim 3 line 4 is the same as “a message” in line 4 of claim 3 or “a message” in Line 3 in claim 1.
Claim Rejections - 35 USC § 102
6. 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.
7. Claim 1,2,3,4 and 6 are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Wu (US 20240430980 as evidenced by provisional application 63/270,1881).
Regarding claim 1 and 6, Wu discloses a network apparatus and a communication method (see FIG. 5-6, Base station 104 (or CU 172); also see FIG. 7A-B) to be used in a mobile communication system (see FIG. 1A, 6-7; a wireless communication system, see ¶ 14) that provides a multicast and broadcast service (MBS), (see FIG 6; Multicast and Broadcast service (MBS); see ¶ 1) the network apparatus and communication method comprising:
a communicator (see FIG. 1A; a combined system of processing hardware 140 and transceiver of base Station 106) configured to transmit a message for requesting continuation (see FIG. 6; UE Context Request Message 614 for requesting continuation or establishing MBS session ID or MRB ID, see ¶ 101; also see FIG. 7A, steps 708, 710 and 712; see ¶¶ 123, 125) or discontinuation (see FIG. 6; UE Context Release/RRC Release message 624 for requesting discontinuation of PTM transmission, see ¶ 118; also see FIG. 7A, steps 714; see ¶¶ 123, 125) of Point-to-Multipoint (PTM) transmission (see FIG. 6; MBS Session join procedure for a first MBS session… 502 for point to multipoint (PTM) transmission, see ¶ 8) to a second network apparatus (see FIG. 5-6;transmitted to Distributed unit (DU) 174; see ¶¶ 65, 101 ) that performs the PTM transmission of a multicast session (see FIG. 6; Multicast Radio Bearer (MRB) 602 create/perform multicast session; see ¶¶ 91-92).
Regarding claim 2, Wu discloses wherein the message includes session identification information of the multicast session (see FIG. 6; UE Context Request include Session ID 614 of the multicast session; see ¶ 101)
Regarding claim 3, Wu discloses further comprising:
Causing (see FIG. 5; UE Context Release command ( RRC Release) 524 causing UE to change RRC State; see ¶ 87), by the first network apparatus (see FIG. 5-6; Central Unit (CU) 172; see ¶ ¶ 65, 101), a user equipment (see FIG. 5-6; a terminal or user equipment 102; see ¶ 70) to transition from a radio resource control (RRC) connected state to an RRC inactive state (see FIG. 5; transition from RRC Connected State 501 to RRC Inactive State 530; see ¶ 87), wherein
the transmitting a message comprises transmitting the message for requesting continuation of the PTM transmission (see FIG. 5; UE Context Request Message 554 for requesting MBS session ID or MRB ID, see ¶ 77) to the second network apparatus (see FIG. 5-6; transmitted to Distributed unit (DU) 174; see ¶ ¶65, 101) when the user equipment is in the RRC inactive state and receives the multicast session (see FIG. 5; UE upon continuing receiving MBS data 532 and during RRC inactive state 530 and receive multicast data; see ¶ ¶ 123, 125).
Regarding claim 4, Wu discloses wherein the first network apparatus is a central unit (see FIG. 5-6; Central Unit (CU) 172; see ¶ ¶ 65, 101) included in a base station (see FIG. 6; Base Station (BS) 104; see ¶ 90) , and
the second network apparatus is a distributed unit (see FIG. 5-6; transmitted to Distributed unit (DU) 174;see ¶ ¶65, 101) included in the base station (see FIG. 6; Base Station (BS) 104; see ¶ 90).
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim 5 is rejected under U.S.C 103 as being unpatentable over Wu in view of R3-225339 (Qualcomm Incorporated -Enhancement to support Multicast reception by UEs in RRC_INACTIVE State , 3GPP TSG-RAN#117bis-e; R3225339; October 18, 2022; pp.1-10 provided in IDS).
Regarding Claim 5, Wu discloses wherein the first network apparatus configuring a predetermined area (see FIG. 5-6; Central Unit (CU) 172 is in predetermined area in a base Station; see ¶ ¶ 65, 101) and second network apparatus configuring a predetermined area (see FIG. 5-6;transmitted to Distributed unit (DU) 174 is in predetermined area of base station; see ¶ ¶ 65, 101 ).
Although Wu discloses the first network apparatus and second network apparatus as set forth above,
Wu doesn’t explicitly disclose the first network apparatus is “a first base station” and Second network apparatus is “ a second base station.
However, R3-225339 discloses wherein the first network apparatus is a first base station (see Call Flow 1; gNB1 is the 1st base station; Page 5) configuring a predetermined area (see FIG.2; RAN Area is a predetermined area; page 4), and
the second network apparatus is a second base station (see Call Flow 1; gNB2 is the 2nd base station; Page 5) configuring the predetermined area (see FIG.2; RAN Area is the predetermined area; page 4).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to “a first base station and a second base station” as taught by R3-225339 in the system of Wu, so that it provides better utilization of signaling and power consumption of the user equipment; see R3-225339 § 2.2 Observation 2.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
A. Xu, US 12,150,014 B2, FIGs. 6,7,15
B. Shrivastava, US 2022/0132467 A1, FIGs. 3-8
C. Zhou, US 2023/0050307 A1, FIGs. 1B,2A,2B, 6
D. Latheef, US 2023/0300938, FIGs. 1-13
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD MUSTAFIZUR RAHMAN whose telephone number is (571)272-2064. The examiner can normally be reached Mon - Fri 0800 -1700.
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, Ian N. Moore can be reached at (571) 272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUHAMMAD MUSTAFIZUR RAHMAN/Examiner, Art Unit 2469
/Ian N Moore/Supervisory Patent Examiner, Art Unit 2469
1 See FIG. 1A, 5-6, 7A, 7B; see ¶ 1, 8, 14, 65, 70, 77, 87, 90-92, 101, 106, 118, 125 where entire discloser of corresponds to Publication number.: US 20240430980
Prosecution Insights