DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Acknowledgement is made of amendment filed on 05/01/2026. The amendments of Applicant are entered and have been considered by Examiner. Claims 1-13 were previously pending. Claims 14-16 are added. Claims 1, 12, 13 have been amended. Claims 1-16 are pending.
Response to Arguments
Applicant's arguments filed 05/01/2026 have been fully considered but they are not persuasive.
Applicant argues on page 8 of applicants remarks:
However, amended claims 1-13 are patentably distinct from claims 1, 2, 4-8, and 10-14 of U.S. Application No. 19/017,112; Hirai; and claims 1-3, 6, 7, and 10 of U.S. Patent No. 11,995,363.
For example, claim 1 has been amended to recite "a control unit configured to perform control so that communication processing without using OFDMA conforming to the IEEE 802.11 standard is performed in a wireless communication in the second mode." And these features are patentably distinct from claims 1, 2, 4-8, and 10-14 of U.S. Application No. 19/017,112; Hirai; and claims 1-3, 6, 7, and 10 of U.S. Patent No. 11,995,363.
Examiner respectfully disagrees. Below is a comparison of the original claim language and the new amended claim language.
Amended claim language
Original Claim language
A control unit configured to control so that communication processing without using OFDMA conforming to the IEEE 802.11 standard is performed in a wireless communication in the second mode.
A control unit configured to perform, even in a case where OFDMA conforming to the IEEE 802.11 standard is enabled in the first mode, control so that the communication apparatus operates in a state where OFDMA conforming to the IEEE 802.11 standard is not performed in a wireless communication in the second mode.
Examiner underlined the important aspects of both versions of the claim. As seen above, the new claim language now indicates that OFDMA will not be used in the second mode when performing communication processing. Examiner notes that the original claim language is very similar, in that OFDMA is not performed in the second mode.
Furthermore, by removing the claim language “even in a case where OFDMA conforming to the IEEE 802.11 standard is enabled in the first mode”, the applicant has broadened the claim such that the claims now also stand rejected under 35 USC 103.
As such, examiner maintains the double patenting rejection for the newly amended claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-8, 10-14 of copending Application No. 19/017,112 in view of US 2021/0271433 A1 to Hirai (hereinafter “Hirai”)
This is a provisional nonstatutory double patenting rejection.
Application 18/537,515
Application 19/017,112
1. A communication apparatus comprising: at least one memory and at least one processor which function as:
2. A communication apparatus comprising: at least one memory and at least one processor which function as:
a first reception unit configured to receive, in a case where a wireless setting mode is enabled, information about an external access point external to the communication apparatus from a terminal apparatus via a direct connection established with the terminal apparatus without interposing an external access point;
a first setting unit configured to enable a first mode for performing wireless communication via an external access point external to the communication apparatus;
a first setting unit configured to enable a first mode in which wireless communication is executed via an external access point provided on an outside of the image forming apparatus;
a second setting unit configured to enable a second mode for performing wireless communication without interposing an external access point external to the communication apparatus;
a second setting unit configured to enable a second mode in which wireless communication is executed not via an external access point provided on the outside of the image forming apparatus;
a second reception unit configured to receive a first trigger frame including information about orthogonal frequency division multiple access (OFDMA) conforming to IEEE 802.11 standard from an external access point connected based on the information about the external access point received by the first reception unit;
a receiving unit configured to receive a first trigger frame including information regarding orthogonal frequency division multiple access (OFDMA) compliant with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard, from an external access point provided on the outside of the image forming apparatus, while the first mode is enabled;
a communication unit configured to perform communication processing in the first mode through OFDMA conforming to the IEEE 802.11 standard based on information about the first trigger frame; and
A control unit configured to control so that communication processing without using OFDMA conforming to the IEEE 802.11 standard is performed in a wireless communication in the second mode.
a control unit configured to control the image forming apparatus in such a manner that the OFDMA compliant with the IEEE802.11 standard is not executed in wireless communication of the second mode, based on the second mode being enabled, even in a case where the OFDMA compliant with the IEEE802.11 standard is enabled in the first mode;
Claim 2 of Application 19/017,112 already teaches receiving a trigger frame including information regarding OFDMA conforming to IEEE 802.11 standard.
Application 19/017,112 does not explicitly teach a communication unit configured to perform communication processing in the first mode through OFDMA conforming to the IEEE 802.11 standard based on information about the first trigger frame; and in claim 2.
However, Application 19/017,112 teaches in claim 1, an image forming apparatus (i.e. analogous to the claimed communication apparatus) comprising a communication unit configured to execute communication processing of the first mode by the OFDMA compliant with the IEEE802.11 standard, based on the information regarding the first trigger frame.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Application 19/017,112 to use the information in the received trigger frame for communication processing in the first mode as suggested in Claim 1 of Application 19/017,112, in order to allow the communication apparatus to properly communicate with the access point in the first mode.
Application 19/017,112 does not explicitly teach a first reception unit configured to receive, in a case where a wireless setting mode is enabled, information about an external access point external to the communication apparatus from a terminal apparatus via a direct connection established with the terminal apparatus without interposing an external access point; second reception unit to receive a trigger frame based on the information about the external access point received by the first reception unit; and a communication unit configured to perform communication processing based on information about the first trigger frame; and
However, in a similar field of endeavor, Hirai discloses in [0053]-[0054], When causing the AP 103 and the printer 101 to connect to each other and causing the printer 101 to operate in the infrastructure connection mode (i.e. wireless setting mode is enabled), the host terminal 102 wirelessly transmits, to the printer 101, infrastructure setting information (i.e. information via direct connection) for causing the printer 101 to operate in the infrastructure connection mode. [0022], discloses the printer 101 is able to perform wireless connection to the host terminal 102 by a direct connection method, in which the printer 101 directly connects (i.e. without interposing an external access point) to the host terminal 102 by peer-to-peer connection without via the AP 103.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Application 19/017,112 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Claims 2-13 of Application 18/537,515 are rejected for having the same limitations as claims 4, 7, 5, 6, 8, 10-14 of Application 19/017112, respectively.
Claims 12 and 13 are rejected for having the same limitations as claim 1, except the claims are written in obvious variations of claim 1 (i.e. control method and non-transitory computer readable storage medium)
Claim 14 of Application 18/537,515 is rejected for having the same limitations as claim 1 of Application 19/017112.
Double Patenting
Claims 15-16 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application 19/017,112 in view of in view of US 2021/0271433 A1 to Hirai (hereinafter “Hirai”)
This is a provisional nonstatutory double patenting rejection.
Regarding Claim 15, Application 19/017,112 teaches The communication apparatus according to claim 1, wherein Application 19/017,112 teaches the communication unit performs communication processing in the first mode using OFDMA conforming to the IEEE 802.11 standard. (Claim 1 lines 9-13)
Application 19/017,112 does not explicitly teach communication processing of scan data in the first mode.
However, in a similar field of endeavor, Hirai, [0060], discloses After infrastructure connection (i.e. first mode) or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning (i.e. communication processing of scan data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Application 19/017,112 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Regarding Claim 16, Patent 11, Application 19/017,112 teaches The communication apparatus according to claim 1,
Application 19/017,112 does not explicitly teach the communication apparatus further comprising a scanner.
However, in a similar field of endeavor, Hirai, [0060], discloses After infrastructure connection or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning (i.e. scanner).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Application 19/017,112 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Claims 1-5, 10-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, 7, 10 of U.S. Patent No. 11,995,363 in view of US 2021/0271433 A1 to Hirai (hereinafter “Hirai”)
Application 18/537,515
Patent 11,995,363
1. A communication apparatus comprising: at least one memory and at least one processor which function as:
1. An image forming apparatus comprising: at least one memory and at least one processor which function as:
a first reception unit configured to receive, in a case where a wireless setting mode is enabled, information about an external access point external to the communication apparatus from a terminal apparatus via a direct connection established with the terminal apparatus without interposing an external access point;
a first setting unit configured to enable a first mode for performing wireless communication via an external access point external to the communication apparatus;
a first setting unit configured to enable a first mode in which wireless communication is executed via an external access point existing on an outside of the image forming apparatus;
a second setting unit configured to enable a second mode for performing wireless communication without interposing an external access point external to the communication apparatus;
a second setting unit configured to enable a second mode in which wireless communication is executed not via an external access point existing on an outside of the image forming apparatus;
a second reception unit configured to receive a first trigger frame including information about orthogonal frequency division multiple access (OFDMA) conforming to IEEE 802.11 standard from an external access point connected based on the information about the external access point received by the first reception unit;
a receiving unit configured to receive a first Trigger frame including information regarding OFDMA complying with an IEEE 802.11 standard, from an external access point existing on an outside of the image forming apparatus, while the first mode is enabled;
a communication unit configured to perform communication processing in the first mode through OFDMA conforming to the IEEE 802.11 standard based on information about the first trigger frame; and
a communication unit configured to execute communication processing in the first mode by OFDMA complying with an IEEE 802.11 standard, based on information regarding the first Trigger frame;
A control unit configured to control so that communication processing without using OFDMA conforming to the IEEE 802.11 standard is performed in a wireless communication in the second mode.
a control unit configured to control the image forming apparatus not to execute OFDMA complying with an IEEE 802.11 standard, in wireless communication in the second mode, based on a setting made on the setting screen, in a case where OFDMA complying with an IEEE 802.11 standard is enabled in the first mode;
Patent 11,995,363 does not explicitly teach a first reception unit configured to receive, in a case where a wireless setting mode is enabled, information about an external access point external to the communication apparatus from a terminal apparatus via a direct connection established with the terminal apparatus without interposing an external access point; second reception unit to receive a trigger frame based on the information about the external access point received by the first reception unit; and a communication unit configured to perform communication processing based on information about the first trigger frame; and
However, in a similar field of endeavor, Hirai discloses in [0053]-[0054], When causing the AP 103 and the printer 101 to connect to each other and causing the printer 101 to operate in the infrastructure connection mode (i.e. wireless setting mode is enabled), the host terminal 102 wirelessly transmits, to the printer 101, infrastructure setting information (i.e. information via direct connection) for causing the printer 101 to operate in the infrastructure connection mode. [0022], discloses the printer 101 is able to perform wireless connection to the host terminal 102 by a direct connection method, in which the printer 101 directly connects (i.e. without interposing an external access point) to the host terminal 102 by peer-to-peer connection without via the AP 103.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Patent 11,995,363 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Regarding Claim 2, Patent 11,995,363/Hirai teaches the communication apparatus according to claim 1, further comprising
Patent 11,995,363 further teaches a printer which performs print processing on a sheet based on a print job received through wireless communication via the first mode or wireless communication via the second mode. (Claim 1, “a print processing unit configured to execute print processing onto a sheet based on a print job received via wireless communication in the first mode or wireless communication in the second mode”)
Regarding Claim 3, Patent 11,995,363/Hirai teaches the communication apparatus according to claim 1, further comprising
Patent 11,995,363 further teaches wherein the at least one memory and at least one processor further function as a third setting unit configured to receive a setting about whether to perform OFDMA in the wireless communication in the second mode via an operation panel of the communication apparatus. (Claim 1, “a control unit configured to control the image forming apparatus not to execute OFDMA complying with an IEEE 802.11 standard, in wireless communication in the second mode, based on a setting made on the setting screen (i.e. third setting unit), in a case where OFDMA complying with an IEEE 802.11 standard is enabled in the first mode”. Claim 10, “the providing unit provides the setting screen to a display unit (i.e. operational panel) of the image forming apparatus”)
Claims 4, 5, 10, 11 of Application 18/537,515 are rejected for having the same limitations as claims 2, 3, 6, 7 of Patent 11,995,363, respectively.
Claims 12 and 13 are rejected for having the same limitations as claim 1, except the claims are written in obvious variations of claim 1 (i.e. control method and non-transitory computer readable storage medium)
Claim 14 of Application 18/537,515 is rejected for having the same limitations as claim 1 of Application Patent 11,995,363.
Regarding Claim 15, Application Patent 11,995,363 teaches The communication apparatus according to claim 1, wherein Patent 11,995,363 teaches the communication unit performs communication processing in the first mode using OFDMA conforming to the IEEE 802.11 standard. (Claim 1, execute communication processing in the first mode by OFDMA complying with an IEEE 802.11 standard)
Patent 11,995,363 does not explicitly teach communication processing of scan data in the first mode.
However, in a similar field of endeavor, Hirai, [0060], discloses After infrastructure connection (i.e. first mode) or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning (i.e. communication processing of scan data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Patent 11,995,363 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Regarding Claim 16, Patent 11,995,363 teaches The communication apparatus according to claim 1,
Patent 11,995,363 does not explicitly teach the communication apparatus further comprising a scanner.
However, in a similar field of endeavor, Hirai, [0060], discloses After infrastructure connection or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning (i.e. scanner).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Patent 11,995,363 to include the above limitations as suggested by Hirai, for improved mechanisms for performing connection setting processing as indicated in [0005] of Hirai.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 2, 4, 5, 10, 11, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0271433 A1 to Hirai et al. (hereinafter “Hirai”) in view of US 2021/0092689 A1 to Shimura (hereinafter “Shimura”)
Regarding Claim 1, 12, and 13, Hirai teaches A communication apparatus comprising, a method comprising, and non-transitory computer-readable medium storing one or more programs configured to cause one or more computers to function as, comprising:
at least one memory and at least one processor which function as: (Figure 2 and [0024], discloses printer with CPU and memory)
a first reception unit configured to receive, in a case where a wireless setting mode is enabled, information about an external access point external to the communication apparatus from a terminal apparatus via a direct connection established with the terminal apparatus without interposing an external access point; ([0058], discloses the host terminal 102 (i.e. terminal apparatus) performs communication of infrastructure setting information (i.e. information about an external access point external to the communication apparatus)) or direct setting information via the thus-established BLE connection (i.e. direct connection with the terminal apparatus without interposing an external access point) between the printer 101 and the host terminal 102, thus performing connection setting processing. )
a first setting unit configured to enable a first mode for performing wireless communication via an external access point external to the communication apparatus; ([0038], discloses In response to a communication mode being set, the printer 101 operates in such a way as to be able to perform communication via the wireless LAN unit 208 by a connection configuration associated with the communication mode. [0046]-[0048], discloses infrastructure connection (i.e. first mode) refers to a configuration in which an external apparatus which comprehensively controls a network, such as the AP 103 (i.e. external access point), operates as a master station and apparatuses perform wireless connection (i.e. wireless communication) with each other via the master station.)
a second setting unit configured to enable a second mode for performing wireless communication without interposing an external access point external to the communication apparatus; ([0038], discloses In response to a communication mode being set, the printer 101 operates in such a way as to be able to perform communication via the wireless LAN unit 208 by a connection configuration associated with the communication mode. [0041], discloses a connection using a connection configuration of the peer-to-peer (P2P) method, in communication using Wi-Fi, the printer 101 in the present exemplary embodiment operates in a direct connection mode (i.e. second mode for performing wireless communication without interposing an external access point))
a control unit configured to perform control so that communication processing without using OFDMA conforming to the IEEE 802.11 standard is performed in a wireless communication in the second mode. ([0038], teaches direct communication mode (i.e. second mode). Hirai does not teach use OFDMA in direct communication mode)
Hirai does not explicitly teach a second reception unit configured to receive a first trigger frame including information about orthogonal frequency division multiple access (OFDMA) conforming to Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard from an external access point connected based on the information about the external access point received by the first reception unit; a communication unit configured to perform communication processing in the first mode through OFDMA conforming to the IEEE 802.11 standard based on information about the first trigger frame; and
However, in a similar field of endeavor, Shimura discloses in Figure 1 and [0022], The communication device 101 performs wireless communication conforming to IEEE 802.11ax with the base station 110 over the wireless network 100. [0024], discloses the communication devices 101 and 102 and the base station 110 perform communication in accordance with the OFDMA scheme. [0031], a communication device such as a printer. [0035], discloses to enable a plurality of communication devices to simultaneously utilize a plurality of RUs, an access point (i.e. external access point) transmits a trigger frame (TF) 301. A trigger frame (i.e. first trigger frame) is transmission permission to be granted (i.e. OFDMA information) to one or more communication devices. [0036], further discloses In IEEE 802.11ax (i.e. 802.11 standard), when transmitting data signals, a plurality of communication devices perform communication (i.e. perform communication processing in the first mode through OFDMA based on the first trigger frame) in accordance with the OFDMA scheme to improve frequency utilization efficiency.
Therefore…to prevent generation of an error due to interference with other communication devices as indicated in [0057] of Shimura.
Regarding Claim 2, Hirai/Shimura teaches The communication apparatus according to claim 1, further comprising
Hirai further teaches a printer which performs print processing on a sheet based on a print job received through wireless communication via the first mode or wireless communication via the second mode. ([0060], discloses After infrastructure connection or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning)
Regarding Claim 4, Hirai/Shimura teaches The communication apparatus according to claim 1, wherein Hirai/Shimura teaches the communication unit transmits information indicating a remaining amount of a consumable item for the communication apparatus or a status of the communication apparatus based on OFDMA conforming to the IEEE 802.11 standard. (Hirai, [0079], discloses Furthermore, at the time of having detecting an error, when the printer 101 is connecting to the host terminal 102 in response to the connection setting processing being started in step S304, the CPU 201 transmits, to the host terminal 102, information (i.e. status of communication apparatus) for causing the display unit 226 included in the host terminal 102 to display the detected error. Shimura, [0024], discloses the communication devices 101 and 102 and the base station 110 perform communication in accordance with the OFDMA scheme) Examiner maintains same motivation to combine as indicated in Claim 1 above.
Regarding Claim 5, Hirai/Shimura teaches The communication apparatus according to claim 4 wherein Hirai further teaches the remaining amount of the consumable item includes at least one of a remaining amount of ink, a remaining amount of toner, and a remaining amount of sheets, and wherein the information indicating the status of the communication apparatus includes at least one of a paper jam error and a cover being open. ([0032], discloses The printer 101 includes a cover sensor (not illustrated) used to detect whether the cover is situated at the closed position)
Regarding Claim 10, Hirai/Shimura teaches The communication apparatus according to claim 1, wherein, Hirai further teaches in a case where the second mode is enabled, the communication apparatus determines a communication channel to be used in the wireless communication in the second mode. ([0044], discloses in the direct connection mode (i.e. second mode), the printer 101 operates as a master station, the printer 101 is able to determine which of channels to use for a communication in the direct connection mode (i.e. determine a communication channel))
Regarding Claim 11, Hirai/Shimura teaches The communication apparatus according to claim 1, wherein Hirai further teaches the first mode is an infrastructure mode, and the second mode is a software access point (AP) mode. ([0043], discloses Moreover, the printer 101 has a software access point (hereinafter referred to as “software AP”) function which is to operate as an AP. The printer 101 enables (activates) an access point (AP) 209, which is a software AP provided inside the printer 101, and the host terminal 102 connects to the AP 209 not by WFD but by ordinary Wi-Fi. Such a connection enables the host terminal 102 and the printer 101 to perform direct wireless connection (i.e. second mode) with each other without via any external AP. [0046]-[0048], discloses infrastructure connection (i.e. first mode) refers to a configuration in which an external apparatus which comprehensively controls a network, such as the AP 103 (i.e. external access point), operates as a master station and apparatuses perform wireless connection (i.e. wireless communication) with each other via the master station.)
Regarding Claim 15, Hirai/Shimura teaches The communication apparatus according to claim 1, wherein Hirai/Shimura teaches the communication unit performs communication processing of scan data in the first mode using OFDMA conforming to the IEEE 802.11 standard. (Hirai, [0060], discloses After infrastructure connection (i.e. first mode) or direct connection using Wi-Fi is established between the host terminal 102 and the printer 101 by the connection setting processing, a communication becomes able to be performed between the host terminal 102 and the printer 101 via the established connection. Specifically, for example, the host terminal 102 becomes able to transmit, to the printer 101 via the established connection, a print job for causing the printer 101 to perform printing or a scan job for causing the printer 101 to perform scanning (i.e. communication processing of scan data). Shimura, [0024], discloses the communication devices 101 and 102 and the base station 110 perform communication in accordance with the OFDMA scheme) Examiner maintains same motivation to combine as indicated in Claim 1 above.
Regarding Claim 16, Hirai/Shimura teaches The communication apparatus according to claim 1, Hirai further teaches further comprising a scanner. ([0029], discloses printer 101 to perform printing, copying, and scanning (i.e. scanner))
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENKEY VAN whose telephone number is (571)270-7160. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/JENKEY VAN/Primary Examiner, Art Unit 2477
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