DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a control unit”, “a display control unit” in claims 1, 14; and “an obtaining unit” in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitations: CPU or ASIC (see Specification, paragraphs 0079, 0080). It is noted that that the functions performed or controlled by CPU are disclosed in a manner that transforms the general CPU or the like to a special purpose CPU or the like programmed to perform the disclosed functions. That is, the various "unit" functions claimed are described in the specification in the form of prose and flow charts in a manner that provides sufficient structure.
If applicant wishes to provide further explanation or dispute the examiner's interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
6. Claim 5 is objected to because of the following informalities: “wirelesss” should be changed to - - wireless - -. Appropriate correction is required.
Claim Rejections - 35 USC § 102
7. 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 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.
(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.
8. Claims 1-8, 13-15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by ASAHARA et al. U.S. Patent Application No. (2022/0066712) (hereinafter ASAHARA).
Regarding claim 1, ASAHARA discloses an information processing apparatus (Information processing apparatus 200, Figures 1-2) capable of communicating with a communication apparatus (Electronic apparatus 100, Figures 1-2) and comprising at least one memory (The information processing apparatus 200 may include a storage section; paragraph 35) and at least one processor and/or at least one circuit which function (Processing section 220 controls the storage section; paragraph 36) as:
a control unit (Processing section 220 /CPU, paragraph 36, Figure 1) configured to perform control to execute first wireless setup processing in order to establish connection between the communication apparatus and an access point (Electronic apparatus 100 and the information processing apparatus 200 are connected to each other by using the first wireless communication via an access point 300; paragraphs 24, 40, Figure 2); and
a display control unit configured to perform control to display, on a display unit of the information processing apparatus (Display section 240 of the information processing apparatus 200 to display an initial setting item screen 400; paragraph 43, Figures 2, 6), information for establishing the connection between the communication apparatus and the access point based on information indicating whether a display unit of the communication apparatus can be operated in a case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing (A process for establishing a second wireless communication connection between the wireless communication section 210 in the information processing apparatus 200 and the wireless communication section 110 in the electronic apparatus 100 is performed, wherein the access point is not communicated; paragraphs 41-42, Figures 2, 5 , and also Figure 6 indicating the display section 240 of the information processing apparatus 200 to display an initial setting information, and paragraph 77, Figure 14 indicating a process of displaying the icon 710 on the display section 140. An example of the first wireless communication state icon 710 indicates that the wireless communication connection is not established).
Regarding claim 2, ASAHARA discloses the information processing apparatus according to claim 1, wherein
the display control unit performs control to display first information on the display unit of the information processing apparatus in a case where information indicating whether the display unit of the communication apparatus can be operated is obtained (Setting information includes, for example, information of paper size, when the electronic apparatus 100 is a printer, and settings for the facsimile function on the display section 240; paragraph 57, Figure 7), the first information indicating an operation to be performed on the display unit of the communication apparatus to establish the connection between the communication apparatus and the access point (Processing section 220 determines whether the electronic apparatus 100 is connected to the information processing apparatus 200 via the access point 300 by using the first wireless communication; paragraph 56).
Regarding claim 3, ASAHARA discloses the information processing apparatus according to claim 1, further comprising
an obtaining unit configured to obtain, from the communication apparatus, information indicating whether the display unit of the communication apparatus can be operated in a case where direct connection between the communication apparatus and the information processing apparatus is established in a process of executing the first wireless setup processing (Processing section 220 in the information processing apparatus 200 determines whether the second notification flag is set. When the second notification flag is set, the processing section 220 performs a process of displaying a notification image for second wireless communication (direct wireless communication); paragraph 62, Figure 8).
Regarding claim 4, ASAHARA discloses the information processing apparatus according to claim 1, wherein in the case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing (A process for establishing a second wireless communication connection between the wireless communication section 210 in the information processing apparatus 200 and the wireless communication section 110 in the electronic apparatus 100 is performed, wherein the access point is not operated; paragraphs 41-42, Figures 2, 5), the display control unit performs control to display second information for executing second wireless setup processing for establishing the connection between the communication apparatus and the access point on the display unit of the information processing apparatus based on obtaining (The processor connects to an information processing apparatus for communication by using the second wireless communication to receive initial setting information for setting a state for enabling the job processing and receive connection setting information for connecting to an external access point; see abstract, paragraphs 24, 40, Figure 2), as information indicating whether the display unit of the communication apparatus can be operated( Figure 6 indicating the display section 240 of the information processing apparatus 200 to display an initial setting information), information indicating a situation in which the communication apparatus is not provided with a display unit or a situation in which the display unit of the communication apparatus cannot be operated (Processing section 220 performs a process of displaying a notification image indicating that the first wireless communication connection is not established (step S164); paragraph 62, Figure 8).
Regarding claim 5, ASAHARA discloses the information processing apparatus according to claim 1, wherein:
the control unit performs control to execute second wireless setup processing for establishing the connection between the communication apparatus and the access point based on obtaining (When the electronic apparatus 100 is a printer, the processing section 120 performs, a process of switching a printer ready icon 700 to an indication that the printer is ready for use and displaying the icon 700 on the display section 140; paragraph 76, Figure 14), as information indicating whether the display unit of the communication apparatus can be operated, information indicating a situation in which the communication apparatus is not provided with a display unit or a situation in which the display unit of the communication apparatus is not usable in the case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing (An indication that the first wireless communication connection is established or an indication that the first wireless communication connection is not established and a process of displaying the icon 710 on the display section 140; paragraph 77).
Regarding claim 6, ASAHARA discloses the information processing apparatus according to claim 4, wherein
the situation in which the display unit of the communication apparatus cannot be operated is any of a state in which the communication apparatus is working on initial installation and a state in which the communication apparatus is executing specific processing (Displaying content that indicates an initial setting failure on the display section 240 of the information processing apparatus 200. That is, when the initial setting information registration is not complete, the setup of the electronic apparatus 100 fails, and the electronic apparatus 100 cannot be used; paragraphs 55, 65).
Regarding claim 7, ASAHARA discloses the information processing apparatus according to claim 1, wherein
the first wireless setup processing is processing for establishing the connection between the communication apparatus and the access point by establishing connection to the communication apparatus by using an SSID of the communication apparatus and transmitting (Access point 300 periodically transmits a radio wave for wireless communication such as a beacon to provide information to enable identification (SSID) of the access point 300; paragraph 24, Figure 2), from the information processing apparatus (Information processing apparatuses 200, Figure 2) to the communication apparatus (electronic apparatus 100, Figure 2), connection information on the access point outside the communication apparatus (i.e., external access point 300, Figure 2).
Regarding claim 8, ASAHARA discloses the information processing apparatus according to claim 5, wherein
the second wireless setup processing is processing for establishing the connection between the communication apparatus and the access point by establishing direct connection between the information processing apparatus and the communication apparatus (Electronic apparatus 100 according to the embodiment connects to the information processing apparatus 200 for communication by using the second wireless communication to receive the initial setting information for setting a state for enabling job processing and to receive the connection setting information for connecting to the external access point 300 by using the first wireless communication; paragraph 32).
Regarding claim 13, ASAHARA discloses the information processing apparatus according to claim 1, wherein the case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing is a case where any of an authentication method and a frequency band of the access point is not supported by the communication apparatus (a connection with the electronic apparatus 100 by using the second wireless communication by performing pairing processing with the electronic apparatus 100. When the information processing apparatus 200 is reconnected to the same electronic apparatus 100 by using the second wireless communication, the information processing apparatus 200 can be automatically reconnected to the electronic apparatus 100 without the user having to enter a password; paragraph 25).
Regarding claim 14, claim 14 is directed to a non-transitory computer-readable recording medium, and recites identical features as claim 1. Thus, claim 14 is rejected for the same reasons discussed in claim 1 above.
Regarding claim 15, claim 15 is the method claim of device claim 1. Therefore, method claim 15 is rejected for the reason given in device claim 1.
Claim Rejections - 35 USC § 103
9. 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.
10. Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over ASAHARA in view of TSUJI U.S. Patent Application No. (2021/00306430) (hereinafter TSUJI).
Regarding claim 9, ASAHARA discloses the information processing apparatus according to claim 8.
ASAHARA does not explicitly disclose the second wireless setup processing is processing for displaying a screen provided by the communication apparatus which functions as a web server by using a web browser of the information processing apparatus, and establishing the connection between the communication apparatus and the access point based on an operation of the screen.
However, TSUJI working in the same field of endeavor (Information indicating that the Wi-Fi connection has been established between the printer 10 and the AP 8; paragraph 57, Figure 1) teaches wherein the second wireless setup processing is processing for displaying a screen provided by the communication apparatus which functions as a web server by using a web browser of the information processing apparatus (Terminal 200 generates a URL1 which is used to access the web server of the printer 10; paragraphs 35, 58, 79, 82), and establishing the connection between the communication apparatus and the access point based on an operation of the screen (Terminal 200 further sends to the printer 10 information for establishing a Wi-Fi connection between the printer 10 and the AP 8; paragraphs 19, 96-97, and paragraph 40, Figures 3-6 indicating that PC 100A displays a setting screen SC1 represented by the setting screen data in T44. The setting screen SC1 includes a message that prompts the user of the PC 100A to input an MA and an IP address). Such an arrangement provides enhanced usability.
Thus, it would have been obvious to one having ordinary skill in the art at the time of Applicant’s invention to have combined the system of ASAHARA as taught by TSUJI, since doing so would have predictably and advantageously provided enhanced usability.
Regarding claim 10, ASAHARA discloses the information processing apparatus according to claim 8.
ASAHARA does not explicitly disclose wherein the direct connection is a state of connection between the information processing apparatus and the communication apparatus by any of wireless connection using a constant connection SSID or a temporary connection SSID of the communication apparatus, connection through wired LAN, and connection through USB.
However, TSUJI teaches wherein the direct connection is a state of connection between the information processing apparatus and the communication apparatus by any of wireless connection using a constant connection SSID or a temporary connection SSID of the communication apparatus (Terminal 200 uses the SSID and the password for WFD to establish a Wi-Fi connection according to the WFD scheme with the printer 10. Then, the terminal 200 sends an SSID and a password for AP for establishing a Wi-Fi connection with the AP 8 to the printer 10 by using the Wi-Fi connection; at least paragraph 97), connection through wired LAN, and connection through USB (Terminal 200 may send an SSID and a password for SoftAP to the printer 10 through the USB cable; paragraph 98, Figure 1). Such an arrangement provides enhanced usability.
Thus, it would have been obvious to one having ordinary skill in the art at the time of Applicant’s invention to have combined the system of ASAHARA as taught by TSUJI, since doing so would have predictably and advantageously provided enhanced usability.
Regarding claim 11, ASAHARA discloses the information processing apparatus according to claim 10.
ASAHARA does not explicitly disclose wherein the information processing apparatus uses the constant connection SSID and a password obtained in advance by the first wireless setup processing in a case of establishing the wireless connection to the constant connection SSID in the direct connection.
However, TSUJI teaches wherein the information processing apparatus uses the constant connection SSID and a password obtained in advance by the first wireless setup processing in a case of establishing the wireless connection to the constant connection SSID in the direct connection (Establishing a Wi-Fi connection between the printer 10 and the AP 8, the terminal 200 can send the CO for printer to the printer 10 (T132) by using the public key “PPK” (T130). The office worker does not have to manually input an SSID and a password of the wireless LAN 4 formed by the AP 8 to the printer 10; paragraphs 52, 97-98, Figure 4). As such, convenience for the office worker would be improved.
Thus, it would have been obvious to one having ordinary skill in the art at the time of Applicant’s invention to have combined the system of ASAHARA as taught by TSUJI, since doing so would have predictably and advantageously provided improved usability.
11. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over ASAHARA in view of OKUNO U.S. Patent Application No. (2022/0317939) (hereinafter OKUNO).
Regarding claim 12, ASAHARA discloses the information processing apparatus according to claim 8.
ASAHARA does not explicitly disclose wherein in a case where the direct connection between the communication apparatus and the information processing apparatus is established in a process of executing the first wireless setup processing, the control unit transmits information to the communication apparatus, the information giving an instruction to activate a state in which the communication apparatus functions as an access point of a temporary connection SSID in the case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing, and the second wireless setup processing includes processing for searching for the temporary connection SSID of the communication apparatus and establishing temporary connection to the communication apparatus by using the temporary connection SSID.
However, OKUNO teaches wherein in a case where the direct connection between the communication apparatus and the information processing apparatus is established in a process of executing the first wireless setup processing, the control unit transmits information to the communication apparatus, the information giving an instruction to activate a state in which the communication apparatus functions as an access point of a temporary connection SSID in the case where the connection between the communication apparatus and the access point is not established by the first wireless setup processing (Portable terminal device 10 as the WFD authentication information, the printer 20 starts up the WFD application software (S23) and cause the external communication IF 22 of the printer 20 itself to function as the access point; paragraphs 78-80), and
the second wireless setup processing includes processing for searching for the temporary connection SSID of the communication apparatus and establishing temporary connection to the communication apparatus by using the temporary connection SSID (Portable terminal device 10 may be configured to perform an operation to connect the printer 20 to the router 2 only via the NFC communication. Further, the portable terminal device 10 may be configure to obtain the WFD authentication information, transmit the connection information such as the SSID of the router; paragraph 85).
Note: It should be noted that the portable terminal device 10 may be configured such that the NFC communication function is not automatically activated (temporary), but kept deactivated until receiving the user operation for activation (paragraph 72).
Thus, it would have been obvious to one having ordinary skill in the art at the time of Applicant’s invention to have combined the system of ASAHARA as taught by OKUNO, since doing so would have predictably and advantageously provided user convenience.
Information Disclosure Statement
12. The information disclosure statement (IDS) submitted on 11/22/2023 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Cited Art
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakamura et al. (US 2021/0096798) discloses a method for an information processing apparatus, comprising: acquiring first information to be used to establish connection to a connection target access point and second information concerning a communication apparatus to be connected to the access point by imaging a first image displayed on a display unit of another information processing apparatus connected to the access point; establishing wireless connection to the communication apparatus based on the second information acquired in the acquiring the first information; and transmitting the first information to the communication apparatus to cause the communication apparatus to try connection to the access point, wherein the first information includes an SSID of the access point, wherein accepting input of authentication information to be used in an authentication process executed when a user performs connection to the access point is further executed, and the authentication information accepted in the accepting is transmitted to the communication apparatus in the transmitting.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN H NGUYEN whose telephone number is (571)270-1229. The examiner can normally be reached M-F 7 am-4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDERRAHIM MEROUAN can be reached at (571) 270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLEN H NGUYEN/ Primary Examiner, Art Unit 2683