Ex Parte Takase et alDownload PDFPatent Trial and Appeal BoardSep 30, 201612539661 (P.T.A.B. Sep. 30, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/539,661 08/12/2009 61650 7590 10/04/2016 MYERS WOLIN, LLC 100 HEADQUARTERS PLAZA North Tower, 6th Floor MORRISTOWN, NJ 07960-6834 FIRST NAMED INVENTOR RyoTAKASE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. FJTR 1635 9776 EXAMINER ZUNIGA ABAD, JACKIE ART UNIT PAPER NUMBER 2469 NOTIFICATION DATE DELIVERY MODE 10/04/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): patent@myerswolin.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte R YO T AKASE and KAZUO KAWABATA Appeal2014-001623 Application 12/539,661 Technology Center 2400 Before THU ii~. Di1J'JG, ELENI 1\vLAJ\.JTIS 1\1ERCADER, and NATHAN A. ENGELS, Administrative Patent Judges. MANTIS MERCADER, Administrative Patent Judge. DECISION ON APPEAL Appeal2014-001623 Application 12/539,661 Appellants appeal under 35 U.S.C. § 134(a) from a rejection of claims 1-11. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. THE INVENTION The claimed invention is directed to controlling broadcast and multicast service communication including transmitting request signaling information for requesting broadcast and multicast service from a mobile station to a base station using preamble codes of specified random access channel (RACH) signals, and discriminating the preamble codes of the specified RACH signals from among preamble codes of RACH signals which have been received. Transmitting reception completion responses to the mobile station which transmitted the preamble codes from the base station after discriminating the preamble codes, including transmitting a request for starting broadcast and multicast service to a multimedia- broadcast-and-multicast-service transmission apparatus when the base station first receives at least one of the preamble codes of the specified RACH signals for the broadcast and multicast service, and broadcasting and multicasting, in the base station, of multimedia data supplied by the multimedia-broadcast-and-multi cast-service transmission apparatus to the mobile station. Abstract. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A method for controlling broadcast and multicast service communication, comprising: receiving at a base station request signaling information for requesting broadcast and multicast service from a mobile 2 Appeal2014-001623 Application 12/539,661 station using preamble codes of specified random access channel signals; discriminating the preamble codes of the specified random access channel signals from among preamble codes of random access channel signals which have been received; transmitting reception completion responses to the mobile station which transmitted the preamble codes from the base station after discriminating the preamble codes; transmitting a request for starting broadcast and multicast service to a multimedia-broadcast-and-multicast-service transmission apparatus when the base station first receives at least one of the preamble codes of the specified random access channel signals for the broadcast and multicast service; and broadcasting and multicasting, in the base station, of multimedia data supplied by the multimedia-broadcast-and- multicast-service transmission apparatus to the mobile station. REFERENCES The prior art relied upon by the Examiner in rejecting the claims on appeal is: Voyer Lee US 2008/0049663 1A .. l Feb. 28, 2008 WO 2007/148933 Al Dec. 27, 2007 THE REJECTION The Examiner made the following rejections: Claims 1-11 stand rejected under 35 U.S.C § 103(a) as being unpatentable over Lee (hereinafter Chun) in view of Voyer. ISSUE The pivotal issue is whether the Examiner erred in finding that the combination of Chun and Voyer teaches or suggests the limitation of "request signaling information for requesting broadcast and multicast service 3 Appeal2014-001623 Application 12/539,661 from a mobile station using preamble codes of specified random access channel signals", as recited in claim 1. ANALYSIS We adopt the Examiner's findings in the Answer and we add the following for emphasis. Appellants argue that Voyer does not teach that the base station receives "request signaling information for requesting broadcast and multicast service from a mobile station using preamble codes of specified random access channel signals," as required by claim 1 (App. Br. 13). Appellants argue claim 1 requires that a request is received at the base station from a mobile station (see App. Br. 9, 12). Appellants assert that Voyer teaches a service transfer message being received by Voyer' s target base station from another base station (see App. Br. 9, 12). In Voyer, according to Appellants, the mobile station first requested the service when the mobile station was in another cell using another base station different from the base station to which the service is being transferred (App. Br. 11 ). We do not agree with Appellants' argument. We agree with the Examiner's reliance on Chun for teaching or suggesting a base station receiving at least one of the preamble codes of the specified random access channel signals for the broadcast and multicast service from a mobile terminal (see Ans. 22 (citing Fig. 5, paras. 16, 39, 40, mobile terminal (UE) sends a message to the base station (eNB) including an uplink access preamble (service-dedicated signature) of a service that the mobile wishes to receive (s12); using preamble codes (access information) of a specified RACH signal (slO))). "[O]ne cannot show non-obviousness by attacking 4 Appeal2014-001623 Application 12/539,661 references individually \'l1here ... the rejections are based on combinations of references." In re Keller, 642 F.2d 413, 426 (CCPA 1981). We further agree with the Examiner that Voyer teaches transmitting a request for starting broadcast and multicast service to a multimedia- broadcast and multicast service transmission apparatus when the base station first receives at least one of the preamble codes for the broadcast and multicast service (Fig. 4a, paras. 31, 32, 46, 47, 115-121, 126, transmitting a request (group request message) for starting a MBMS service to an apparatus (aGW) when the base station first receives a MBMS join message with a MBMS identifier (preamble) for the MBMS (S404) (if it is determined that the service is not active at the BS) (Ans. 22-23). Accordingly, we affirm the Examiner's rejection of claim 1 and for the same reasons the rejections of claims 2-11. CONCLUSION The Examiner did not err in finding that the combination of Chun and Voyer teaches or suggests the limitation of "request signaling information for requesting broadcast and multicast service from a mobile station using preamble codes of specified random access channel signals", as recited in claim 1. 5 Appeal2014-001623 Application 12/539,661 DECISION For the above reasons, the Examiner's rejection of claims 1-11 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv) (2014). AFFIRMED 6 Copy with citationCopy as parenthetical citation