Prosecution Insights
Last updated: April 19, 2026
Application No. 18/322,331

COMMUNICATION APPARATUS, CONTROL METHOD, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
May 23, 2023
Examiner
BROCKMAN, ANGEL T
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
593 granted / 726 resolved
+23.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
744
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 726 resolved cases

Office Action

§102 §103
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 Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-5,8-10 and 19-20 are rejected under 35 U.S.C. 102(a)(1…) as being anticipated by Osman (EP 2,869,476 A1, hereinafter Osman). Regarding claim 1, Osman discloses a communication apparatus configured to perform (i) a first communication complying with a predetermined wireless communication standard and using a first frequency band corresponding to a first plurality of channels (¶[0010] and (ii) a second communication complying with the predetermined wireless communication standard and using a second frequency band corresponding to a second plurality of channels (¶[0030], wherein the first and second antenna groups have separate frequencies assigned to them), wherein the first plurality of channels is different from the second plurality of channels, and to perform an operation in a first mode in which the communication apparatus operates as a child station in the predetermined wireless communication standard and an operation in a second mode in which the communication apparatus operates as a parent station in the predetermined wireless communication standard, the communication apparatus comprising: a first control unit configured to perform control in such a manner that a state in which the communication apparatus is operating in the first mode and a state in which the communication apparatus is operating in the second mode are concurrently maintained (¶[0028], wherein the first and second modes are assigned to the first and second stations, figure 1, wherein the first and second groups of antennas operate in a first and second mode); and a second control unit configured to perform control in such a manner that one of the first and second frequency bands is used, in operating in the first mode and the other frequency band of the first and second frequency bands is used in operating in the second mode (¶[0030]), during a time period in which the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained (figure 1, ¶[0060], wherein the central control unit selects second mode while operating first). Regarding claim 2, Osman discloses wherein the first control unit performs control in such a manner that the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained in response to a predetermined operation by a user of the communication apparatus operating in the first mode to establish a peer-to-peer connection (figure 1, ¶[0060]). Regarding claim 3, Osman discloses , wherein the second control unit performs control in such a manner that the other frequency band of the first and second frequency bands which is used, while the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained, in operating in the second mode is different from the frequency band of the first and second frequency bands which is used in operating of the communication apparatus in the first mode when the predetermined operation is received (figure 1, ¶[0060]). Regarding claim 4, Omn discloses wherein the first control unit performs control in such a manner that the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained in response to a specific processing to cause the communication apparatus operating in the second mode to operate in the first mode (¶[0060], figure 1). Regarding claim 5, Osman discloses a stop unit configured to stop the operation of the communication apparatus in the second mode, in a case where the specific processing is performed while the communication apparatus is operating in the second mode and the one of the first and second frequency bands, which is used in the first mode, having been started in response to the specific processing is the same as the one of the first and second frequency bands that the communication apparatus uses in the second mode when the specific processing performed; and a restart unit configured to restart the operation of the communication apparatus in the second mode after the operation of the communication apparatus in the second mode is stopped, wherein the second control unit performs the control in such a manner that one of the first and second frequency bands which is used in the restarted operation of the communication apparatus in the second mode is different from the one of the first and second frequency bands which is used in the first mode having been started in response to the specific processing (FIGURE 1). . Regarding claim 8, Osman discloses wherein the specific processing is for reestablishment of connection between the communication apparatus operating in the first mode and an access point which follows disconnection of the connection in the first mode between the communication apparatus and the access point (¶[0060]). Regarding claim 9, Osman discloses, wherein during a time period in which the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained and a state where a peer-to-peer connection between the communication apparatus and another apparatus is maintained in the second mode, the second control unit performs control in such a manner that the one of the first and second frequency bands is used in operating in the first mode and the other frequency band of the first and second frequency bands is used in operating in the second mode(figure 1, ¶[0060]). Regarding claim 10, Osman discloses, wherein the second mode is for the communication apparatus to operate as a software access point (¶[0060]). Regarding claim 19, Osman discloses a control method for a communication apparatus configured to perform (i) a first communication complying with a predetermined wireless communication standard and using a first frequency band corresponding to a first plurality of channels and (11) a second communication complying with the predetermined wireless communication standard and using a second frequency band corresponding to a second plurality of channels, wherein the first plurality of channels is different from the second plurality of channels, and to perform an operation in a first mode in which the communication apparatus operates as a child station in the predetermined wireless communication standard and an operation in a second mode in which the communication apparatus operates as a parent station in the predetermined wireless communication standard, the control method comprising (figure 1, ¶[0028]): performing control in such a manner that a state in which the communication apparatus is operating in the first mode and a state in which the communication apparatus is operating in the second mode are concurrently maintained; and performing control in such a manner that one of the first and second frequency bands is used, in operating in the first mode and the other frequency band of the first and second frequency bands is used in operating in the second mode, during a time period in which the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained (¶[0060], FIGURE 1). Regarding claim 20, Osman discloses a non-transitory computer-readable storage medium storing a program for causing a computer to perform a control method for a communication apparatus configured to perform (i) a first communication complying with a predetermined wireless communication standard and using a first frequency band corresponding to a first plurality of channels and (ii) a second communication complying with the predetermined wireless communication standard and using a second frequency band corresponding to a second plurality of channels, wherein the first plurality of channels is different from the second plurality of channels, and to perform an operation in a first mode in which the communication apparatus operates as a child station in the predetermined wireless communication standard and an operation in a second mode in which the communication apparatus operates as a parent station in the predetermined wireless communication standard, the control method comprising (figure 1, ¶[0028]): performing control in such a manner that a state in which the communication apparatus is operating in the first mode and a state in which the communication apparatus is operating in the second mode are concurrently maintained; and performing control in such a manner that one of the first and second frequency bands is used, in operating in the first mode and the other frequency band of the first and second frequency bands is used in operating in the second mode, during a time period in which the state in which the communication apparatus is operating in the first mode and the state in which the communication apparatus is operating in the second mode are concurrently maintained (figure 1, ¶[0060]). 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 214was made. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Osman in view of Faccin (WO 2007/080495 , hereinafter Faccin). Regarding claim 6, Osman discloses all subject matter of the claimed invention with the exception of wherein the specific processing is to receive, from a user, selection of any access point from a list of at least one access point discovered by the communication apparatus by search. Faccin discloses wherein the specific processing is to receive, from a user, selection of any access point from a list of at least one access point discovered by the communication apparatus by search (¶[0003],¶[0023]-¶[0024], wherein the query includes the search ). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the search as disclosed by Faccin along with the system of Osman. The search may be implemented through software to provide the system with the list of available access points in any area (¶[0024], Faccin). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Osman in view of Terashita (US 2015/0365985 A1, hereinafter Terashita). Regarding claim 7, Osman discloses all subject matter of the claimed invention with the exception of wherein the specific processing is to receive, from a user, an operation for performing Wi-Fi Protected Setup T™ (WPS) or an AirStation One-Touch Secure System ™ (AOSS). Terashita discloses wherein the specific processing is to receive, from a user, an operation for performing Wi-Fi Protected Setup T™ (WPS) or an AirStation One-Touch Secure System ™ (AOSS) (¶[0095]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the Airstation as disclosed by Terashita along with the system of Osman. The AOSS may be implemented through software to provide the desired user input for communication(¶[0095]). Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Osman in view of Jabara et al. (US 2011/0076948 A1, hereinafter Jabara). Regarding claim 11, Osman discloses all subject matter of the claimed invention with the exception of wherein the second mode is for the communication apparatus to operate as a group owner in a Wi-Fi Direct® standard. Jabara discloses wherein the second mode is for the communication apparatus to operate as a group owner in a Wi-Fi Direct® standard (¶[0045]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the WIFI Direct standard to provide the user with the ability to master the group of mobile devices in the network (¶[0045], Jabara). Regarding claim 12, Osman discloses all subject matter of the claimed invention with the exception of wherein the predetermined wireless communication standard is an Institute of Electrical and Electronics Engineers (IEEE) 802.11 series communication standard. Jabara discloses wherein the predetermined wireless communication standard is an Institute of Electrical and Electronics Engineers (IEEE) 802.11 series communication standard (¶[0063]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the IEEE to provide the user with the ability to master the group of mobile devices in the network (¶[0045], Jabara). Regarding claim 13, Osman discloses all subject matter of the claimed invnention with the exception of , wherein communication in the first mode and communication in the second mode are realized by one wireless chip.Jabara discloses , wherein communication in the first mode and communication in the second mode are realized by one wireless chip (¶[0063]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the IEEE to provide the user with the ability to master the group of mobile devices in the network (¶[0045], Jabara). Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Osman in view of Yamada (US 2015/008025 A1, hereinafter Yamada). Regarding claim 14, Osman discloses all subject matter of the claimed invention with the exception of a printing unit configured to perform printing. Yamada discloses a printing unit configured to perform printing (¶[0122],¶[0136]), . Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the printing provide the user with the ability to print in the network (¶[0132], Yamada). Regarding claim 15, Osman discloses all subject matter of the claimed invention with the exception of a scanning unit configured to perform scanning. Yamada discloses a scanning unit configured to perform scanning (¶[0122],¶[0136]), . Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the scanning provide the user with the ability to scan in the network (¶[0132], Yamada). Regarding claim 16, Osman discloses all subject matter of the claimed invention with the exception of wherein the first frequency band is 2.4 GHz and the second frequency band is 5 GHz.Diener discloses wherein the first frequency band is 2.4 GHz and the second frequency band is 5 GHz(¶[0036]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the DFS as disclosed by Diener along with the system of Osman. The DFS may be implemented through software to provide capability as chosen by the user to support certain communications (¶[0031], Diener). Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Osman in view of Diener et al. (US 2003/0198200 A1, hereinafter Diener ) Regarding claim 17, Osman discloses all subject matter of the claimed invention with the exception of wherein a 2.4 GHz frequency band and a 5 GHz frequency band are usable for communication in the first mode, and wherein a frequency band, which is either one of a 2.4 GHz frequency band or a 5 GHz frequency band in which a channel change based on Dynamic Frequency Selection (DFS) does not occur, is usable in the second mode. Diener discloses wherein a 2.4 GHz frequency band and a 5 GHz frequency band are usable for communication in the first mode, and wherein a frequency band, which is either one of a 2.4 GHz frequency band or a 5 GHz frequency band (¶[0031]) in which a channel change based on Dynamic Frequency Selection (DFS) does not occur, is usable in the second mode (¶[0036]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the DFS as disclosed by Diener along with the system of Osman. The DFS may be implemented through software to provide capability as chosen by the user to support certain communications (¶[0031], Diener). Regarding claim 18, Osman discloses all subject matter of the claimed invention with the exception of wherein a 2.4 GHz frequency band and a 5 GHz frequency band are usable for communication in the first mode, and wherein a 2.4 GHz frequency band is usable but a 5 GHz frequency band is not usable in the second mode. Diener discloses wherein a 2.4 GHz frequency band and a 5 GHz frequency band are usable for communication in the first mode, and wherein a 2.4 GHz frequency band is usable but a 5 GHz frequency band is not usable in the second mode (¶[0036]). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to make the proposed modification of the DFS as disclosed by Diener along with the system of Osman. The DFS may be implemented through software to provide capability as chosen by the user to support certain communications (¶[0031], Diener). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 6:00 AM-4:30 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, Charles Jiang can be reached at 571-270-7191. 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. /ANGEL T BROCKMAN/Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

May 23, 2023
Application Filed
Dec 27, 2025
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
88%
With Interview (+6.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 726 resolved cases by this examiner. Grant probability derived from career allow rate.

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