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 Amendment
The Amendment filed on 1/7/2026 has been entered. Claims 1-14 remain pending in the application. Applicant’s amendments to the title have overcome the objection previously set forth in the Non-Final Office Action mailed on 9/15/2025.
Response to Arguments
Applicant’s arguments on pages 8-10 with respect to claims 1, 12 and 13 have been considered but are moot upon a further consideration and a new ground of rejection made under 35 U.S.C. 102(a)(2) as being anticipated by Kumar (US PGPub 2023/0388973).
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)(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 1-7 and 9-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kumar (US PGPub 2023/0388973).
Regarding claims 1, 12 and 13, Kumar teaches a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed by a computer of an information processing apparatus (Kumar, see abstract, Embodiments herein disclose methods for selecting a frequency band in (MHS) for a UE), cause the computer of the information processing apparatus to perform operations that include:
communicably connecting to a communication apparatus (Kumar, see figure 11, a client device [corresponding to an information processing apparatus] is connected to a MHS device (UE) [corresponding to a communication apparatus]);
acquiring a wireless connection capability of the communication apparatus from the communication apparatus as a first acquisition (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band. For example, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel);
changing a setting for tethering connection of the information processing apparatus from a first setting content using a predetermined communication interface to a second setting content using the predetermined communication interface so as to match the wireless connection capability as a first setting (Kumar, see figure 11 and paragraph 0066, AP2 sends a CSA to the connected clients to switch to the channel of Band2 (i.e., channel in which AP1 is operating). The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1); and
transmitting information including the setting for tethering connection to the communication apparatus (Kumar, see figure 11, data transfer is made between AP1 of the MHS device and the client device).
Regarding claim 2, Kumar teaches wherein the communication apparatus performs the tethering connection to the information processing apparatus based on the information including the setting for tethering connection transmitted from the information processing apparatus (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band. For example, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel).
Regarding claim 3, Kumar teaches wherein the operations further include acquiring a connection result of the tethering connection performed by the communication apparatus from the communication apparatus based on the information including the setting for tethering connection transmitted in the transmitting as a second acquisition (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band. For example, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel),
wherein in the first setting, in a case where the connection result acquired in the second acquisition indicates a connection failure, the setting for tethering connection is changed to a setting that matches the wireless connection capability and is different from a setting corresponding to the connection failure (Kumar, see paragraph 0066, The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1. When all devices get connected to AP1, AP2 is switched off), and
wherein in the transmitting, information including the changed setting for tethering connection is transmitted to the communication apparatus (Kumar, see figure 11 and paragraph 0066, AP2 sends a CSA to the connected clients to switch to the channel of Band2 (i.e., channel in which AP1 is operating). The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1).
Regarding claim 4, Kumar teaches wherein the operations further include changing, in a case where a function of the tethering connection is in a disabled state, the function of the tethering connection to an enabled state as a second setting (Kumar, see paragraph 0066, The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1. When all devices get connected to AP1, AP2 is switched off).
Regarding claim 5, Kumar teaches wherein the operations further include acquiring a support state of a Web service for the communication apparatus and a registration state of the Web service for the communication apparatus after connection in the connecting as a third acquisition (Kumar, see paragraph 0066, The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1. When all devices get connected to AP1, AP2 is switched off),
wherein execution of changing the setting for tethering connection in the first setting and transmitting the information including the setting for tethering connection in the transmitting is controlled based on content acquired in the third acquisition (Kumar, see figure 11 and paragraph 0066, AP2 sends a CSA to the connected clients to switch to the channel of Band2 (i.e., channel in which AP1 is operating). The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1).
Regarding claim 6, Kumar teaches wherein the operations further include:
acquiring, from the communication apparatus, an execution result of specific processing for using the Web service performed in a case where the tethering connection performed by the communication apparatus is successful as a fourth acquisition (Kumar, see paragraph 0066, The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1. When all devices get connected to AP1, AP2 is switched off); and
changing, in a case where the execution result acquired in the fourth acquisition indicates a success, a function of the tethering connection to a disabled state as a third setting (Kumar, see figure 11 and paragraph 0066, AP2 sends a CSA to the connected clients to switch to the channel of Band2 (i.e., channel in which AP1 is operating). The client device searches for a beacon or may send a probe request to that particular channel and the client device gets connected to AP1).
Regarding claim 7, Kumar teaches wherein the wireless connection capability includes information on a frequency band that is usable via the predetermined communication interface in the communication apparatus (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band), and
the second setting content includes a setting content of a frequency band to be used via the predetermined communication interface changed in such a way as to match the frequency band that is usable via the predetermined communication interface in the communication apparatus indicated by the wireless connection capability (Kumar, see figure 11 and paragraph 0066, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel).
Regarding claim 9, Kumar teaches wherein the wireless connection capability is information that indicates the predetermined communication interface that is usable in the communication apparatus (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band. For example, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel).
Regarding claim 10, Kumar teaches wherein, in the connecting, the communication apparatus is connected by Universal Serial Bus (USB) connection (Kumar, see paragraph 0007, The user may select mobile hot spot and tethering options (which may display multiple choices for the user with the various bands), and the user may find it difficult to select the particular band for performing a particular operation).
Regarding claim 11, Kumar teaches wherein, in the connecting, the communication apparatus is connected by wireless connection without a relay (Kumar, see figure 11, a client device [corresponding to an information processing apparatus] is connected to a MHS device (UE) [corresponding to a communication apparatus]).
Regarding claim 14, Kumar teaches wherein the wireless connection capability includes information on a channel that is usable via the predetermined communication interface in the communication apparatus (Kumar, see figure 11 and paragraph 0066, Based on the capability of the connected clients, the UE can make CSA to channels of other bands and then switch to the other band), and
the second setting content includes a setting content of a channel to be used via the predetermined communication interface changed in such a way as to match the channel that is usable via the predetermined communication interface in the communication apparatus indicated by the wireless connection capability (Kumar, see figure 11 and paragraph 0066, the client device connected on 5 GHz channel receives CSA for 2.4 GHz channel, and then connects on to that channel).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US PGPub 2023/0388973) in view of Kayashima (US PGPub 2005/0201564).
Regarding claim 8, Kumar teaches the above yet fails to teach wherein the wireless connection capability includes information on an encryption scheme that is usable via the predetermined communication interface in the communication apparatus, and
the second setting content includes a setting content of an encryption scheme to be used via the predetermined communication interface changed in such a way as to match the encryption scheme that is usable via the predetermined communication interface in the communication apparatus indicated by the wireless connection capability.
Then Kayashima teaches wherein the wireless connection capability includes information on an encryption scheme that is usable via the predetermined communication interface in the communication apparatus (Kayashima, see figure 13 and paragraph 0135, the encryption key selector 44 of the terminal determines whether the encryption key being used is the last key of the encryption key list 42 a, 42 b being used), and
the second setting content includes a setting content of an encryption scheme to be used via the predetermined communication interface changed in such a way as to match the encryption scheme that is usable via the predetermined communication interface in the communication apparatus indicated by the wireless connection capability (Kayashima, see paragraphs 0140-0141, At step S38, the data communication unit 47 changes the encryption key for data encryption, to the encryption key selected by the encryption key selector 44. At step S39, the terminal 40 transmits communication resumption information to the AP 10, the communication resumption information indicating that data can be communicated because the encryption key changing process has been completed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumar with Wireless communication system of Kayashima, because doing so would make Kumar more efficient in improving security in a wireless connection between an access point and a terminal by updating an encryption key (Kayashima, see paragraph 0007).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHONG G KIM whose telephone number is (571)270-0619. The examiner can normally be reached Mon-Fri @ 9am - 5pm.
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/CHONG G KIM/Examiner, Art Unit 2443
/NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443