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 .
This Office Action is in response to communications filed on 2/20/2026.
Claims 1-5 & 8-20 are pending and presented for examination.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2022-170866, filed on 10/25/2022.
Response to Amendment
Claims 6 & 7 have been cancelled.
Claims 1, 3-5, 8-13 & 17-19 have been amended.
Claim 20 has been added and is presented for examination.
Objection to claim 17 has been withdrawn based on amendments to claim 17.
Rejections to claims 1-17 under 35 USC 112(b) based on these claims being unclear whether they invoke 35 USC 112(f) have been withdrawn based on clarification from applicant that these claims do invoke 35 USC 112(f).
Rejections to claims 9-13 under 35 USC 112(b) made in the prior record in the Non-final rejection dated 10/22/2025 for lack of antecedent basis have been withdrawn based on amendments to these claims, but a new ground of rejection under 35 USC 112(b) has been made to claim 13 based on amendments to claim 13.
Rejection of claim 18 under 35 USC 101 has been withdrawn based on amendments to claim 18.
Rejections to Claims 1-5 & 8-19 under 35 USC 102 or 35 USC 103 made in the prior record in the Non-final rejection dated 10/22/2025 have been withdrawn based on amendments to claims 1, 3-5, 8-13 & 17-19, but new grounds of rejections under 35 USC 103 have been made to these claims based on new references Jung et al. (US 9258768)(herein after “Jung”), Ansley et al. (US 20220201688)(herein after “Ansley”) and Jiang et al. (EP 3026975)(herein after “Jiang”).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 2/20/2026, with respect to the objection of claim 17, rejections of claims 1-17 under 35 USC 112(b) and rejection of claim 18 under 35 USC 101 made in the prior record in the Non-final rejection dated 10/22/2025 have been fully considered and are persuasive.
Regarding claim 17, amendments to claim 17 provide clarification through reciting of a first communication apparatus and a second communication apparatus. The objection of claim 17 has been withdrawn.
Regarding claims 1-17, applicant has clarified that these claims are not intended to invoke 35 USC 112(f) because the at least one memory and at least one processor and/or at least one circuit recited in claims 1, 11 & 17 provide the structure for the acquisition unit, the setting unit and the accepting unit recited in these claims. Examiner withdraws rejections of claims 1-17 under 35 USC 112(b) for being unclear regarding invoking 35 USC 112(f) with the interpretation of these claims being that they do not invoke 35 USC 112(f) because the at least one memory and at least one processor and/or at least one circuit recited in claims 1, 11 & 17 provide the structure for the acquisition unit, the setting unit and the accepting unit recited in these claims.
Regarding claims 9-13, amendments to these claims eliminate the insufficient antecedent basis in the limitations in these claims. Examiner withdraws rejection of these claims under 35 USC 112(b) for insufficient antecedent basis. However, examiner introduces new ground of rejection of claim 13 under 35 USC 112(b) based on amendments to claim 13.
Regarding claim 18, applicant has amended claim 18 to be directed to a non-transitory computer-readable storage medium which represents one of the four categories of patent eligible subject matter. Examiner withdraws rejection of claim 18 under 35 USC 101.
Applicant’s arguments, see “Remarks”, filed 2/20/2026, with respect to the rejections of claims 1-5 & 8-19 under 35 USC 102 or 35 USC 103 made in the prior record in the Non-final rejection dated 10/22/2025 have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, a new grounds of rejections under 35 USC 103 are made in view of new references Jung et al. (US 9258768)(herein after “Jung”), Ansley et al. (US 20220201688)(herein after “Ansley”) and Jiang et al. (EP 3026975)(herein after “Jiang”).
Regarding claim 1, applicant submits that amendments to this claim traverses the rejection of this claim under 35 USC 102 made in the prior record in the Non-final rejection dated 10/22/2025. Examiner agrees and withdraws rejection of claim 1 under 35 USC 102 made in the prior record in the Non-final rejection dated 10/22/2025. However, after further consideration, examiner introduces a new ground of rejection of claim 1 under 35 USC 103 based on ne reference Jung et al. (US 9258768)(herein after “Jung”). Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Based on the above discussion, examiner withdraws rejection of claim 1 under 35 USC 102 made in the prior record in the Non-final rejection dated 10/22/2025, but introduces a new ground of rejection of claim 1 under 35 USC 103 based on new reference Jung.
Regarding claims 17-19, applicant submits that these claims traverse the rejections of these claims under 35 USC 102 made in the prior record in the Non-final rejection dated 10/22/2025 based on similar amendments and arguments as made for claim 1. Examiner agrees and withdraws rejections to claims 17-19 under 35 USC 102 rejection of claims 17-19 under 35 USC 102 made in the prior record in the Non-final rejection dated 10/22/2025. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of claims 17-19 under 35 USC 103 based on new reference Jung.
Regarding claims 2-5 & 9-16, applicant submits that these claims traverse the rejections of these claims under 35 USC 102 or 35 USC 103 made in the prior record in the Non-final rejection dated 10/22/2025 based on amendments to these claims and amendments and arguments made to claim 1, and due to their dependency on claim 1. Examiner agrees and withdraws rejections to claims 2-5 & 9-16 under 35 USC 102 or 35 USC 103 made in the prior record in the Non-final rejection dated 10/22/2025. However, for the same reasons as discussed above, examiner introduces new grounds of rejections of these claim under 35 USC 103 based on new references Jung and Ansley and Jiang.
Claim Interpretation
Several of the claims in the present application recite limitations in the form of “A and/or B”. For the purpose of this review, examiner is interpreting these claim limitations as “A” or “B” or “A and B”.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, this claim recites the limitation “wherein, in a case where the setting of the frequency band of the second mode accepted by the accepting unit is the first frequency band, and when the communication in the first mode in the first state is performed using all of the first frequency band, the setting unit sets the communication in the first mode in the second state to be performed in the first part of the frequency bandwidth by limiting the frequency bandwidth in the first frequency band, and sets the communication in the second mode to be performed in the second part of frequency bandwidth in the first frequency band”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1, upon which claim 13 is dependent, recites “communication is performed in the first mode using a first frequency band”. It is unclear whether “the frequency band” is in reference to “the first frequency band” or a different frequency band.
Claim 1, upon which claim 13 is dependent, recites “wherein the first part of the first frequency band does not overlap with the second part of the first frequency band, and a frequency bandwidth of the first part of the first frequency band and a frequency bandwidth of the second part of the first frequency band are both narrower than the first frequency bandwidth”. It is unclear whether “the frequency bandwidth” is in reference to “a frequency bandwidth of the first part of the first frequency band” or “a frequency bandwidth of the second part of the first frequency band”.
Claim 1, upon which claim 13 is dependent, also recites “the communication in the second mode in the second state is performed in a second part of the first frequency band”. It is unclear whether “the second part of frequency bandwidth in the first frequency band” is in reference to “a second part of the first frequency band” or a different second part of the first frequency band.
For the purpose of this review, examiner is interpreting these limitations in claim 13 as “wherein, in a case where the setting of a frequency band of the second mode accepted by the accepting unit is the first frequency band, and when the communication in the first mode in the first state is performed using all of the first frequency band, the setting unit sets the communication in the first mode in the second state to be performed in the first part of the first frequency band by limiting the first part of the first frequency band, and sets the communication in the second mode to be performed in the second part of the first frequency band”.
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.
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.
Claims 1-3, 11, 12, 14 & 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”).
Regarding claims 1, 17, 18 & 19 Takashi discloses a communication apparatus that can execute wireless communication with another communication apparatus, and a wireless communication system comprising a first communication apparatus that can execute wireless communication with a second communication apparatus, and a non-transitory computer-readable storage medium storing a program, and a communication method for executing wireless communication with another communication apparatus ([0012] discloses a communication apparatus capable of wireless communication with a terminal device. [0174] discloses that the embodiments of the disclosed inventions may be realized in a system or by a storage medium with program code that can be read and executed by one or more processors. [0001] discloses a method for controlling a communication apparatus.);
the second apparatus ([0012] discloses a terminal device capable of wireless communication with the communication apparatus.);
a relay apparatus (Fig 1 & [0017] discloses an external access point 400 that can relay communication between apparatuses and an access point.);
wherein the communication apparatus, and the first communication apparatus, is comprising:
at least one memory and at least one processor and/or at least one circuit ([0174] discloses that the inventions disclosed may be realized by a program that realizes the functions in the described embodiments being supplied to the apparatus via a storage medium (i.e. stored in memory) and one or more processors that execute the program.) which function as a control unit configured to, or wherein the program is configured to cause the computer to function as a control unit configured to, or wherein the communication method is to:
control to communicate with at least one of a plurality of communication modes including a first mode in which wireless communication is performed with another communication apparatus via a relay apparatus by a communication scheme compliant with a predetermined communication standard, and a second mode in which wireless communication is performed with another communication apparatus not via a relay apparatus by a communication scheme compliant with the predetermined communication standard (Fig 1, [0012] & [0017] disclose the communication apparatus (e.g. MFP 300) includes a control unit configured to control a communication unit that is capable of performing communication in a plurality of modes including a first communication mode (i.e. wireless infrastructure mode) in which communication with a terminal device (e.g. terminal apparatus 200) is performed through wireless communication with an external wireless base station (e.g. external access point (AP) 400 acting as a relay apparatus) and a second communication mode (i.e. P2P mode) in which wireless communication with a terminal device is directly performed without passing through the external wireless base station. Figs 1 & 2 and [0018]-[0020] disclose that terminal apparatus 200 may perform communication with MFP 300 using standards defined IEEE 802.11 including Wi-Fi Direct (WFD) in the P2P mode without passing through external AP 400. Fig 9 & [0043] disclose that when in the wireless infrastructure mode where mobile communication device 200 communicates with MFP300 through an external AP 400, commands and parameters defined by the Wi-Fi standard may be used for communication with external AP 400.); and
function as a setting unit configured to set such that, when transitioning from a first state in which communication is performed in the first mode using a first frequency band of a first frequency bandwidth and communication is not performed in the second mode to a second state in which communication is performed in the second mode using the first frequency band in addition to the communication in the first mode, the communication in the first mode in the second state is performed in the first frequency band, and the communication in the second mode in the second state is performed in the first frequency band (Fig 12 & [0111] disclose a first state where communication is performed in the wireless infrastructure mode in a 5 GHz band using at least one channel other than a channel defined by DFS (i.e. a first frequency band of a first frequency bandwidth defined by the 5 GHz spectrum) and the P2P mode is disabled. Fig 12 & [0111]-[0112] & [0114] disclose MFP 300 may transition to a second state to simultaneously perform P2P communication (i.e. second mode) and infrastructure communication (i.e. first mode) through a setting method (i.e. a setting unit configured to set) such that when both the infrastructure mode and P2P mode are used at the same time, wireless infrastructure mode may be performed in the 5 GHz band using channels other than defined by DFS for both the infrastructure mode (i.e. the first mode in the second state) and the P2P mode (i.e. the second mode in the second state).).
Takashi fails to disclose but Jung teaches wherein the performing of the communication in the first mode in the second state in the first frequency band is in a first part of the first frequency band, and wherein the performing of the communication in the second mode in the second state in the first frequency band is in a second part of the first frequency band, wherein the first part of the first frequency band does not overlap with the second part of the first frequency band, and a frequency bandwidth of the first part of the first frequency band and a frequency bandwidth of the second part of the first frequency band are both narrower than the first frequency bandwidth (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode (i.e. a first mode) performing communication over Channel #10 in a frequency band including 14 channels (i.e. a first part of a first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function (i.e. transitioning to a second state where the second mode is performed during execution of the first mode), a discovery process is performed through search and listen on Channels #1, #6 or #11 (i.e. a second part of the first frequency bandwidth), wherein Channels #1, # 6 and #11 do not overlap with Channel #10. Col 3, lines 63-67 & col 4, lines 1-4 disclose that the discovery process includes procedures for exchanging Probe Request and Probe Response messages (i.e. communication over Channel #1, #6 or #11). Fig 2 & col 6, lines 6-9 disclose that both Channel #10 and Channels #1, #6 & #11 are narrower than the frequency band defined by Channels #1 through #14.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have an apparatus, or a system comprising an apparatus, or a non-transitory computer-readable storage medium storing a program, or a communication method, that can communicate with at least one of a plurality of communication modes including a first mode in which wireless communication is performed with another communication apparatus via a relay apparatus, and a second mode in which wireless communication is performed with another communication apparatus not via a relay apparatus; wherein when transitioning from a first state in which communication is performed in the first mode using a first frequency band of a first frequency bandwidth and communication is not performed in the second mode to a second state in which communication is performed in the second mode using the first frequency band in addition to the communication in the first mode, the communication in the first mode in the second state is performed in the first frequency band, and the communication in the second mode in the second state is performed in the first frequency band, as disclosed by Takashi, wherein the performing of the communication in the first mode in the second state in the first frequency band is in a first part of the first frequency band, and wherein the performing of the communication in the second mode in the second state in the first frequency band is in a second part of the first frequency band, wherein the first part of the first frequency band does not overlap with the second part of the first frequency band, and a frequency bandwidth of the first part of the first frequency band and a frequency bandwidth of the second part of the first frequency band are both narrower than the first frequency bandwidth, as taught by Jung. The motivation to do so would have been to have an apparatus, or a system comprising an apparatus, a non-transitory computer-readable storage medium storing a program, or a communication method, that can transition from a state supporting a legacy Wi-Fi communication mode with a Wi-Fi AP to a state supporting both the legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when in the second state, the legacy Wi-Fi communication mode uses a first Wi-Fi channel in a 5 GHz band and the P2P communication mode uses a second different and non-overlapping Wi-Fi channel in the 5 GHz band in order to avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Regarding claim 2, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi discloses wherein a frequency band in a 5-GHz band that can be used by the communication apparatus is that of 5150 to 5250 MHz ([0004] discloses that frequency band W52 spanning 5150 to 5250 MHz may be used by wireless base station and devices disclosed in the invention.).
Regarding claim 3, Takashi in view of Jung disclose the communication apparatus according to claim 2.
Takashi discloses wherein the first frequency band is included between 5150 to 5250 MHz ([0112] discloses that when infrastructure mode (i.e. first mode) and P2P mode (i.e. second mode) operate in parallel, the apparatus may operate in the W52 frequency band. [0004] discloses that frequency band W52 spans 5150 to 5250 MHz (i.e. is included between 5150 to 5250 MHz).).
Regarding claim 11, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi discloses wherein the at least one memory and at least one processor and/or at least one circuit further function as an accepting unit configured to accept from a user a setting of a frequency band of the second mode (Figs 6 and [0058] & [0128] disclose that MFP300 may receive (i.e. accept), through CPU602 (i.e. an accepting unit), frequency band settings for which a user wishes to participate. [0107] discloses that the user can designate a setting for the bandwidth of both the infrastructure mode and P2P mode.), and the setting accepted by the accepting unit can be an automatic selection mode (Figs 6 & 22 and [0128] disclose that settings received by MFP300 and CPU602 may be through automatic setup.).
Regarding claim 12, Takashi in view of Jung disclose the communication apparatus according to claim 11.
Takashi discloses a case where the setting accepted by the accepting unit is the automatic selection mode (Figs 6 & 22 and [0128] disclose that the settings received by MFP300 through CPU 602 may be through automatic setup.).
Takashi fails to disclose but Jung teaches wherein when the communication in the first mode is performed in the first part of the first frequency band, the setting unit sets the communication in the second mode to be performed in the second part of the first frequency band (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode (i.e. a first mode) performing communication over Channel #10 in a frequency band including 14 channels (i.e. the first part of the first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function, and when the legacy Wi-Fi station mode is performing communication over Channel #10, a discovery process is performed through search and listen on Channels #1, #6 or #11, wherein Channels #1, # 6 and #11 do not overlap with Channel #10 (i.e. the second part of the first frequency band). Col 3, lines 63-67 & col 4, lines 1-4 disclose that the discovery process includes procedures for exchanging Probe Request and Probe Response messages (i.e. communication over Channel #1, #6 or #11).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 11, where the setting accepted by the accepting unit is the automatic selection mode, as disclosed by Takashi, wherein when the communication in the first mode is performed in the first part of the first frequency band, the setting unit sets the communication in the second mode to be performed in the second part of the first frequency band, as taught by Jung. The motivation to do so would have been to have an apparatus with an automatic setup mode that can support both a legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when the legacy Wi-Fi communication mode uses a first Wi-Fi channel in a 5 GHz band, the apparatus automatically sets the P2P communication mode to use a second different and non-overlapping Wi-Fi channel in the 5 GHz band in order to avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Regarding claim 14, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi discloses wherein the communication standard includes IEEE802.11 series ([0020] discloses 802.11 series as a standard for performing communication by WLAN.).
Regarding claim 20, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi discloses wherein the at least one memory and the at least one processor and/or the at least one circuit further function as an acquisition unit configured to acquire information of a frequency band used for communication in the first mode and a frequency band used for communication in the second mode, and the setting unit sets the second mode in the first frequency band based on information acquired by the acquisition unit (Fig 12 & [0111] disclose a first state where communication is performed in the wireless infrastructure mode in a 5 GHz band using at least one channel other than a channel defined by DFS (i.e. the first frequency band). Figs 6 and [0058] & [0128] disclose that MFP300 may receive (i.e. accept), through CPU602 (i.e. an accepting unit), frequency band settings for which a user wishes to participate. [0107] discloses that the user can designate a setting for the bandwidth of both the infrastructure mode and P2P mode.).
Takashi fails to disclose but Jung teaches wherein the setting of the communication in the second mode in the first frequency band is in the second part of the first frequency band (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode (i.e. a first mode) performing communication over Channel #10 in a frequency band including 14 channels (i.e. the first part of the first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function, and when the legacy Wi-Fi station mode is performing communication over Channel #10 (i.e. the first mode in the first state is in the first part of the first frequency band and remains in the first part of the first frequency band in the second state when Wi-Fi P2P mode is executed simultaneously), a discovery process is performed through search and listen on Channels #1, #6 or #11 (i.e. the second mode is performed in the second part of the first frequency band). Col 3, lines 63-67 & col 4, lines 1-4 disclose that the discovery process includes procedures for exchanging Probe Request and Probe Response messages (i.e. communication over Channel #1, #6 or #11).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 1, wherein the at least one memory and the at least one processor and/or the at least one circuit further function as an acquisition unit configured to acquire information of a frequency band used for communication in the first mode and a frequency band used for communication in the second mode, and the setting unit sets the second mode in the first frequency band based on information acquired by the acquisition unit, as disclosed by Takashi in view of Jung, wherein the setting of the communication in the second mode in the first frequency band is in the second part of the first frequency band, as taught by Jung. The motivation to do so would have been to have an apparatus that can support both a legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when the legacy Wi-Fi communication mode uses a first Wi-Fi channel in a 5 GHz band, based on information received at a CPU indicating the first Wi-Fi channel, and receives a request for executing the P2P communication mode simultaneously, the apparatus sets the P2P communication mode to use a second different and non-overlapping Wi-Fi channel in the 5 GHz band, based on information received at the CPU indicating the second Wi-Fi channel, in order to avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”), as applied to claim 1, and further in view of Ansley et al. (US 20220201688)(herein after “Ansley”).
Regarding claim 10, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi discloses wherein the setting unit sets the frequency bandwidth of the second part of the first frequency band to be within a 5GHz band (Fig 12 & [0111] discloses that the P2P band can be set to a band not using DFS in the 5 GHz Spectrum.).
Takashi fails to disclose but Ansley further teaches wherein the setting of the frequency bandwidth within a 5 GHz band is to be 40 MHz ([0018] discloses that a 40 MHz channel may be set by an AP in a 5 GHz band according to standardized frequencies.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 1, wherein the setting unit sets the frequency bandwidth of the second part of the first frequency band to be within a 5GHz band, as disclosed by Takashi in view of Jung, wherein the setting of the frequency bandwidth within a 5 GHz band is to be 40 MHz, as taught by Jung. The motivation to do so would have been to have an apparatus that can transition from state supporting a legacy Wi-Fi communication mode with a Wi-Fi AP to a state supporting both the legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when in the second state, the legacy Wi-Fi communication mode uses a first 40 MHz Wi-Fi channel in a 5 GHz band and the P2P communication mode uses a second different and non-overlapping 40 MHz Wi-Fi channel in the 5 GHz band in order to use standardized channel bandwidths with defined interoperability between apparatuses to avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”), as applied to claim 12, and further in view of Jiang et al. (EP 3026975)(herein after “Jiang”).
Regarding claim 13, Takashi in view of Jung disclose the communication apparatus according to claim 12.
Takashi discloses in a case where the setting of the frequency band of the second mode accepted by the accepting unit is the first frequency band, and when the communication in the first mode in the first state is performed using the first frequency band, the setting unit sets the communication in the first mode in the second state to be performed in the frequency bandwidth, and sets the communication in the second mode to be performed in the first frequency band (Fig 12 & [0111] disclose a first state where communication is performed in the wireless infrastructure mode in a 5 GHz band using at least one channel other than a channel defined by DFS (i.e. the first frequency band) and the P2P mode is disabled. Figs 6 and [0058] & [0128] disclose that MFP300 may receive (i.e. accept), through CPU602 (i.e. an accepting unit), frequency band settings for which a user wishes to participate. [0107] discloses that the user can designate a setting for the bandwidth of both the infrastructure mode and P2P mode. Fig 12 & [0111]-[0112] & [0114] disclose that MFP 300 may transition to a second state (e.g. when MFP300 & CPU602 receive a request for P2P mode) to simultaneously perform P2P communication (i.e. second mode) and infrastructure communication (i.e. first mode) through a setting method (i.e. a setting unit configured to set) such that when both the infrastructure mode and P2P mode are used at the same time, wireless infrastructure mode may be performed in the 5 GHz band using channels other than defined by DFS for both the infrastructure mode (i.e. the first mode in the second state in the first frequency band) and the P2P mode (i.e. the second mode in the second state in the first frequency band).).
Takashi fails to disclose but Jung teaches wherein the setting of the communication in the first mode in the second state to be performed in the frequency bandwidth is in the first part of the first frequency band, and wherein the setting of the communication in the second mode to be performed in the first frequency band is in the second part of the first frequency band (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode (i.e. a first mode) performing communication over Channel #10 in a frequency band including 14 channels (i.e. the first part of the first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function, and when the legacy Wi-Fi station mode is performing communication over Channel #10 (i.e. the first mode in the first state is in the first part of the first frequency band and remains in the first part of the first frequency band in the second state when Wi-Fi P2P mode is executed simultaneously), a discovery process is performed through search and listen on Channels #1, #6 or #11 (i.e. the second mode is performed in the second part of the first frequency band). Col 3, lines 63-67 & col 4, lines 1-4 disclose that the discovery process includes procedures for exchanging Probe Request and Probe Response messages (i.e. communication over Channel #1, #6 or #11).).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 12, wherein in a case where the setting of the frequency band of the second mode accepted by the accepting unit is the first frequency band, and when the communication in the first mode in the first state is performed using the first frequency band, the setting unit sets the communication in the first mode in the second state to be performed in the frequency bandwidth, and sets the communication in the second mode to be performed in the first frequency band, as disclosed by Takashi, wherein the setting of the communication in the first mode in the second state to be performed in the frequency bandwidth is in the first part of the first frequency band, and wherein the setting of the communication in the second mode to be performed in the first frequency band is in the second part of the first frequency band, as taught by Jung. The motivation to do so would have been to have an apparatus that can support both a legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when the legacy Wi-Fi communication mode uses a first Wi-Fi channel in a 5 GHz band and receives a request for executing the P2P communication mode simultaneously, the apparatus sets the P2P communication mode to use a second different and non-overlapping Wi-Fi channel in the 5 GHz band in order to avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Takashi fails to disclose but Jiang further teaches wherein when the communication in the first mode in the first state is performed using all of the first frequency band, the communication in the first mode in the second state is performed by limiting the frequency bandwidth ([0197] discloses a first BSS initially (i.e. a first state) using 160 MHz channel bandwidth (e.g. a first part of 5 GHz spectrum including of all of a 5150-5250 MHz band) and then (i.e. in a second state) reducing (i.e. limiting) to an 80 MHz channel bandwidth (e.g. a reduced first part of the 5 GHz spectrum including 80MHz of the 5150-5250 MHz band) in order to reduce overlap with a second BSS.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 12, wherein in a case where the setting of the frequency band of the second mode accepted by the accepting unit is the first frequency band, and when the communication in the first mode in the first state is performed using the first frequency band, the setting unit sets the communication in the first mode in the second state to be performed in the first part of the frequency bandwidth, and sets the communication in the second mode to be performed in the second part of the first frequency band, as disclosed by Takashi in view of Jung, wherein when the communication in the first mode in the first state is performed using all of the first frequency band, the communication in the first mode in the second state is performed by limiting the frequency bandwidth, as taught by Jiang. The motivation to do so would have been to have an apparatus that can support both a legacy Wi-Fi communication mode with a Wi-Fi AP and a P2P communication mode with another apparatus, wherein when the legacy Wi-Fi communication mode uses all Wi-Fi channels in a 5 GHz band and receives a request for executing the P2P communication mode simultaneously, the apparatus sets reduces the number of Wi-Fi channels for used by the legacy Wi-Fi communication mode to a subset of channels in the 5 GHz band and sets the P2P communication mode to use a second different and non-overlapping Wi-Fi channel in the 5 GHz band in order to accommodate P2P communication with a device that only supports channels in the 5 GHz band and avoid interference with the legacy Wi-Fi communication mode and minimize performance degradation of the legacy Wi-Fi communication mode.
Claims 4, 5 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”), as applied to claim 3, and further in view of Ganu et al. (US 2014/0036788)(herein after “Ganu”).
Regarding claim 4, Takashi in view of Jung disclose the communication apparatus according to claim 3.
Takashi discloses wherein, a first channel of the first frequency band includes at least one channel included between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel included in the frequency band of 5150 to 5250 MHz (Figs 10 & 11 and [0060] disclose that CPU602 in MFP 300 receives information including the frequency bands used for either infrastructure mode (i.e. the first mode) or P2P mode (i.e. the second mode) communication. [0112] discloses that when infrastructure mode (i.e. the first mode) and P2P mode (i.e. the second mode) operate in parallel at the same time, the apparatus (i.e. MFP300 in Fig 1) may operate in a 5 GHz band that is not defined by DFS such as band W52. [0004] discloses that band W52 uses channels 36, 40, 44 & 48 that span 5150 to 5250 MHz. Thus disclosed is a scenario where Infrastructure mode is performed in band W52 using at least channel 36, 40, 44 or 48, and MFP300 sets, based on frequency band information received by MFP300, band W52 using at least channel 36, 40, 44 or 48 for P2P mode communication.).
Takashi fails to disclose but Jung teaches wherein a first channel is the first part of the first frequency band and wherein a second channel is the second part of the first frequency band (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode performing communication over Channel #10 in a frequency band including 14 channels (i.e. a first channel that is a first part of a first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function, a discovery process is performed through search and listen on Channels #1, #6 or #11 (i.e. a second channel that is a second part of the first frequency band), wherein Channels #1, # 6 and #11 do not overlap with Channel #10.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 3, wherein, a first channel of the first frequency band includes at least one channel included between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel included in the frequency band of 5150 to 5250 MHz, as disclosed by Takashi in view of Jung, wherein a first channel is the first part of the first frequency band and wherein a second channel is the second part of the first frequency band, as taught by Jung. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer while simultaneously performing communication via a P2P mode to another apparatus within direct communication range of the printer, use different channels in different parts of the W52 5GHz band to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Takashi fails to disclose but Ganu further teaches when a first channel of a first frequency band includes at least one of 36ch and 40ch, a second channel used for communication is at least one of 44ch and 48ch (Fig 6 & [0071] discloses an AP1 620 (i.e. a first mode) using channel 36 and an AP3 640 (i.e. a second mode) using channel 48.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 3, wherein, a first channel of the first frequency band includes at least one channel included between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel included in the frequency band of 5150 to 5250 MHz, as disclosed by Takashi in view of Jung, when a first channel of a first frequency band includes at least one of 36ch and 40ch, a second channel used for communication is at least one of 44ch and 48ch, as further taught by Ganu. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer while simultaneously performing communication via a P2P mode to another apparatus within direct communication range of the printer, use channel 36 in the W52 5GHz band for infrastructure mode and to use channel 48 in the W52 5GHz band for P2P mode, in order to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Regarding claim 5, Takashi in view of Jung and Ganu disclose the communication apparatus according to claim 4.
Takashi discloses wherein, a first channel of the first frequency band used for communication in the first mode includes at least one channel between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel between 5150 to 5250 MHz (Figs 10 & 11 and [0060] disclose that CPU602 in MFP 300 receives information including the frequency bands used for either infrastructure mode (i.e. the first mode) or P2P mode (i.e. the second mode) communication. [0112] discloses that when infrastructure mode (i.e. the first mode) and P2P mode operate in parallel at the same time, the apparatus (i.e. MFP300 in Fig 1) may operate in a 5 GHz band that is not defined by DFS such as band W52. [0004] discloses that band W52 uses channels 36, 40, 44 & 48 that span 5150 to 5250 MHz. Thus disclosed is a scenario where Infrastructure mode is performed in band W52 using at least channel 36, 40, 44 or 48, and MFP300 sets, based on frequency band information received by MFP300, band W52 using at least channel 36, 40, 44 or 48 for P2P mode communication.).
Takashi fails to disclose but Jung teaches wherein a first channel is the first part of the first frequency band and wherein a second channel is the second part of the first frequency band (Fig 2 & col 6, lines 6-11 disclose a legacy Wi-Fi station mode performing communication over Channel #10 in a frequency band including 14 channels (i.e. a first channel that is a first part of a first frequency band). Fig 2 & col 6, lines 11-47 disclose that upon requesting for execution of a Wi-Fi P2P function, a discovery process is performed through search and listen on Channels #1, #6 or #11 (i.e. a second channel that is a second part of the first frequency band), wherein Channels #1, # 6 and #11 do not overlap with Channel #10.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 4, wherein, a first channel of the first frequency band used for communication in the first mode includes at least one channel between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel between 5150 to 5250 MHz, as disclosed by Takashi in view of Jung, wherein a first channel is the first part of the first frequency band and wherein a second channel is the second part of the first frequency band, as taught by Jung. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer while simultaneously performing communication via a P2P mode to another apparatus within direct communication range of the printer, use different channels in different parts of the W52 5GHz band to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Takashi fails to disclose but Ganu further teaches when a first channel of a first frequency band includes at least one of 44ch and 48ch, a second channel used for communication is at least one of 36ch and 40ch (Fig 6 & [0071] discloses an AP1 620 (i.e. a first mode) using channel 36 and an AP3 640 (i.e. a second mode) using channel 48.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 3, wherein, a first channel of the first frequency band includes at least one channel included between 5150 to 5250 MHz, and the setting unit sets a second channel of the first frequency band to be at least one channel included in the frequency band of 5150 to 5250 MHz, as disclosed by Takashi in view of Jung, when a first channel of a first frequency band includes at least one of 44ch and 48ch, a second channel used for communication is at least one of 36ch and 40ch, as further taught by Ganu. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer while simultaneously performing communication via a P2P mode to another apparatus within direct communication range of the printer, use channel 48 in the W52 5GHz band for infrastructure mode and to use channel 36 in the W52 5GHz band for P2P mode, in order to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Regarding claim 16, Takashi in view of Jung and Ganu disclose the communication apparatus according to claim 5.
Takashi discloses wherein the first mode is an infrastructure mode, the second mode is a direct mode, and the first frequency band is a frequency bandwidth included in a 5-GHz band ([0007] discloses a wireless infrastructure mode (i.e. a first mode) and P2P mode that performs a wireless connection directly. [0004] discloses W52 & W53 frequency bands included in a 5 GHz band.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”), as applied to claim 1, and further in view of Miyake et al. (US 2014/0056160)(herein after “Miyake”).
Regarding claim 8, Takashi in view of Jung disclose the communication apparatus according to claim 1.
Takashi fails to disclose but Miyake further teaches wherein the frequency bandwidth of the first part of the first frequency band is 40 MHz ([0047] discloses 40 MHz width operation in the predefined W52 band.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 1, as disclosed by Takashi in view of Jung, wherein the frequency bandwidth of the first part of the first frequency band is 40 MHz, as taught by Miyake. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer while simultaneously performing communication via a P2P mode to another apparatus within direct communication range of the printer, use different 40 MHz channels for each mode in the W52 5GHz band to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Claims 9 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al. (JP 2019161676)(herein after “Takashi”) in view of Jung et al. (US 9258768)(herein after “Jung”), as applied to claim 1, and further in view of Makino et al. (US 2015/0078522)(herein after “Makino”).
Regarding claim 9, Takashi discloses the communication apparatus according to claim 1.
Takashi fails to disclose but Makino further teaches wherein the first frequency bandwidth is 80 MHz ([0129] discloses band W53 with an entire bandwidth of 80 MHz that can be used through channel bonding).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 1, as disclosed by Takashi in view of Jung, wherein the first frequency bandwidth is 80 MHz, as further taught by Makino. The motivation to do so would be to have a communication apparatus such as a printer capable of performing communication via an infrastructure mode to an apparatus not within direct communication range of the printer in 80 MHz of bandwidth in band W53 transition to simultaneously performing infrastructure communication and communication via a P2P mode to another apparatus within direct communication range of the printer, using different channels for each mode in the W52 5GHz band to be able to share the resources in the W52 5 GHz band when it is required that both modes must use band W52, due to chip limitation restrictions, to avoid DFS operation.
Regarding claim 15, Takashi in view of Jung discloses the communication apparatus according to claim 14.
Takashi fails to disclose but Makino further teaches wherein the communication standard includes at least one of IEEE802.11ac and IEEE802.11ax ([0211] discloses 802.11ac as a new generation of WLAN communication standards.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the communication apparatus according to claim 14, as disclosed by Takashi in view of Jung, wherein the communication standard includes at least one of IEEE802.11ac and IEEE802.11ax, as further taught by Makino. The motivation to do so would be to have a communication apparatus such as a printer use a standards based technology like 802.11ac to perform infrastructure mode communication with devices and APs to avoid interoperability issues with the devices & APs associated with non-standards based infrastructure mode communication.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zhang et al. (US 2006/0146869) discloses Dynamic Channel Bandwidth Management.
Tai et al. (US 11283475) discloses Radio Interference Detection and Dynamic Channel Bandwidth Management.
Geirhofen et al. (US 20120044815) discloses Interference Coordination for Peer-to-Peer (P2P) Communication and Wide Area Network (WAN) Communication.
Sugawara et al. (US 11429332) discloses a Communication Apparatus, Method of Controlling Same, and Non-transitory Computer-readable Storage Medium.
Moriya et al. (US 10521165) discloses a Communication Apparatus and Printer.
Fumio et al. (JP 2019/114854) discloses Radio Communication Equipment, Radio CommunicationMethod and Program.
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.
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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