Prosecution Insights
Last updated: July 17, 2026
Application No. 18/534,437

COMMUNICATION APPARATUS, COMMUNICATION METHOD, AND STORAGE MEDIUM

Non-Final OA §103§112
Filed
Dec 08, 2023
Priority
Jun 09, 2021 — JP 2021-096514 +2 more
Examiner
MURILLO GARCIA, FABRICIO R
Art Unit
2633
Tech Center
2600 — Communications
Assignee
Canon Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
506 granted / 597 resolved
+22.8% vs TC avg
Strong +57% interview lift
Without
With
+57.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
618
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
78.2%
+38.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 597 resolved cases

Office Action

§103 §112
CTNF 18/534,437 CTNF 89818 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim s 7 and 15-16 are objected to because of the following informalities: For claim 7: At line 10, expand acronym “IEEE” and enclose the acronym by parenthesis. For claim 15: At line 9, expand acronym “IEEE” and enclose the acronym by parenthesis. For claim 16: At line 12, expand acronym “IEEE” and enclose the acronym by parenthesis . Appropriate correction is required. Claim Rejections - 35 USC § 112 – Second Paragraph 07-30-02 AIA 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. 07-34-01 AIA Claim s 1-16 are 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 pre-AIA the applicant regards as the invention. For claim 1: At lines 12-13, “ the communication unit performs the communication compliant ” lacks of antecedent basis, as, at lines 8-9, it is the “communication apparatus” that performs the communication compliant, not the communication unit. At line 13, it is unclear the meaning of this line, as they are recited two limitations with “with”. For claim 7: This claim is rejected as applied to claim 1. For claim 15: This claim is rejected as applied to claim 1. For claim 16: This claim is rejected as applied to claim 1. For claims 2-6 and 8-14: These claims are also rejected as they depend upon a rejected claim. Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1-4, 7, 9-10, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hamachi (US Patent Application Publication No. 2017/0180121) in view of Nishida (US Patent Application Publication No. 2021/0306944) . Regarding claim 1 , Hamachi teaches a communication apparatus (Fig. 1) configured to perform authentication using a Wi-Fi Protected Access (WPA) 2 method ([Paragraphs 48, 59]) and authentication [ using a WPA3 ] method ([Paragraph 62]) , the communication apparatus comprising: a communication unit configured to perform communication with another communication apparatus (communication among UEs and AP1 [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) ; and a control unit configured to control authentication of the communication with the another communication apparatus (UE 101 controls the authentication of the connection to the other devices [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) , wherein the control unit is configured to, in a state where the communication apparatus is capable of performing communication compliant with a first communication scheme and a second communication scheme of an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard series (upon verifying the different schemes for communication under 802.11 [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) , perform the authentication using the [ WPA3 ] method based on a fact that the communication unit performs the communication compliant with the first communication scheme with the another communication apparatus (the proper scheme is selected for the authentication [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]). However, Hamachi does not explicitly mention: using WPA3 . Nishida teaches, in a similar field of endeavor of communication systems, the following: using WPA3 (for the disclosed system, at least WPA2 and WPA3 are the schemes interchanged for communication among the devices based on security protocols [Paragraphs 25, 42-44, 59-62, 76]. Hence, a person having ordinary skills in the art would recognize that these teachings in Nishida are applicable to the system in Hamachi when Hamachi exchange the protocols). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Hamachi) by selecting between WPA2 and WPA3 (as taught by Nishida) for the purpose of improve the connection between devices (Nishida – Paragraph 5). Regarding claim 2 , Hamachi further teaches the communication apparatus according to Claim 1, further comprising a reception unit configured to receive an instruction to perform the communication compliant with the first communication scheme or the second communication scheme (reception unit receiving the instructions for performing the schemes [Paragraphs 7, 38]) , wherein a display unit is controlled so that the authentication using the WPA3 method is performed based on issuance of an instruction by the reception unit to perform the communication compliant with the first communication scheme (display for using the WPA3 [Paragraphs 23, 53, 71]). Regarding claim 3 , Hamachi further teaches the communication apparatus according to Claim 1, wherein the first communication scheme is an IEEE 802.11be standard in the IEEE 802.11 standard series ([Paragraph 30]). Regarding claim 4 , Hamachi further teaches communication apparatus according to Claim 1, wherein the communication apparatus is configured to receive a frame containing information indicating that the authentication is performed using the WPA3 method from the another communication apparatus ([Paragraph 82]). Regarding claim 7 , Hamachi teaches a communication apparatus (Fig. 1) configured to perform authentication using a first security method ([Paragraphs 48, 59]) and authentication using a second security method ([Paragraph 62]) , the communication apparatus comprising: a communication unit configured to perform communication with another communication apparatus (communication among UEs and AP1 [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) ; and a control unit configured to control authentication of the communication with the another communication apparatus (UE 101 controls the authentication of the connection to the other devices [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) , wherein the control unit is configured to, in a state where the communication apparatus is capable of performing communication compliant with a first communication scheme and a second communication scheme of an IEEE 802.11 standard series (upon verifying the different schemes for communication under 802.11 [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) , perform the authentication using the second security method based on a fact that the communication unit performs the communication compliant with the first communication scheme with the another communication apparatus (the proper scheme is selected for the authentication [Paragraphs 17-18, 32, 42, 47-48, 54, 59, 61-63]) , and [ perform the authentication using the first security method or the second security method based on a fact that the communication unit performs the communication compliant with the second communication scheme ] . However, Hamachi does not explicitly mention: perform the authentication using the first security method or the second security method based on a fact that the communication unit performs the communication compliant with the second communication scheme . Nishida teaches, in a similar field of endeavor of communication systems, the following: perform the authentication using the first security method or the second security method based on a fact that the communication unit performs the communication compliant with the second communication scheme (for the disclosed system, at least WPA2 and WPA3 are the schemes interchanged for communication among the devices based on security protocols, and second security protocol is used when the second scheme is in compliance [Paragraphs 25, 42-44, 59-62, 76]. Hence, a person having ordinary skills in the art would recognize that these teachings in Nishida are applicable to the system in Hamachi when Hamachi exchange the protocols). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system (as taught by Hamachi) by selecting between WPA2 and WPA3 (as taught by Nishida) for the purpose of improve the connection between devices (Nishida – Paragraph 5). Regarding claim 9 , Hamachi further teaches the communication apparatus according to Claim 7, wherein the first communication scheme is an IEEE 802.11be standard in the IEEE 802.11 standard series ([Paragraph 30]). Regarding claim 10 , Hamachi further teaches the communication apparatus according to Claim 7, wherein the communication apparatus is configured to receive a frame containing information indicating that the authentication is performed using the second security method from the another communication apparatus ([Paragraph 82]). Regarding claim 13 , Nishida further teaches the communication apparatus according to Claim 7, wherein the first security method is WPA or WPA2 ([Paragraph 73]) , and the second security method is WPA3 ([Paragraph 60]). Regarding claim 14 , Nishida further teaches the communication apparatus according to Claim 7, wherein the first security method is WPA3 ([Paragraph 60]) , and the second security method is WPA4 ([Paragraph 45]). Regarding claim 15 , this claim is rejected as applied to claim 1. Regarding claim 16 , this claim is rejected as applied to claim 1. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FABRICIO R MURILLO GARCIA whose telephone number is (571)270-5708. The examiner can normally be reached 9-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam K Ahn can be reached at 5712723044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. May 30, 2026 /FABRICIO R MURILLO GARCIA/Primary Examiner, Art Unit 2633 Application/Control Number: 18/534,437 Page 2 Art Unit: 2633 Application/Control Number: 18/534,437 Page 3 Art Unit: 2633 Application/Control Number: 18/534,437 Page 4 Art Unit: 2633 Application/Control Number: 18/534,437 Page 5 Art Unit: 2633 Application/Control Number: 18/534,437 Page 6 Art Unit: 2633 Application/Control Number: 18/534,437 Page 7 Art Unit: 2633 Application/Control Number: 18/534,437 Page 8 Art Unit: 2633
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Prosecution Timeline

Dec 08, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+57.1%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 597 resolved cases by this examiner. Grant probability derived from career allowance rate.

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