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 .
DETAILED ACTION
Claims 1-13 have been examined and are pending.
Information Disclosure Statement
An initialed and dated copy of Applicant’s IDS form 1449 submitted 12/12/2023 is attached to the instant office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-13 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 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.
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 2-11 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)
Claims 1-5, 10-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, 7, 10 of U.S. Patent No. 11,995,353 in view of US 2021/0271433 A1 to Hirai (hereinafter “Hirai”)
Application 18/537,515
Patent 11,995,353
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 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.
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 11,995,353 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 11,995,353 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 11,995,353/Hirai teaches the communication apparatus according to claim 1, further comprising
Patent 11,995,353 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 11,995,353/Hirai teaches the communication apparatus according to claim 1, further comprising
Patent 11,995,353 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 11,995,353, 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)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0092689 A1 to Shimura, directed to a communication apparatus receiving a trigger frame from a base station in order to perform communication that conforms to an IEEE802.11 series standard in accordance with an OFDMA scheme.
US 2020/0120711 A1 to Sevin et al., directed to performing multi-user Uplink OFDMA transmission based on an AP sending a trigger frame to stations
US 2019/0045455 A1 to Tanaka et al., directed to an wireless stations communicating using OFDMA and MU-MIMO techniques by transmission of a trigger frame, where the wireless stations are capable of performing wireless communications via infrastructure mode or Wi-Fi direct mode.
US 2023/0036746 A1 to Sugai et al., directed to an access point transmitting a trigger frame to a plurality of reception terminals for centralized communication implementing MU-MIMO or OFDMA, and transmitting a mode change frame to switch between a centralized and decentralized communication modes.
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.
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, Chirag Shah can be reached at (571)272-3144. 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.
/JENKEY VAN/ Primary Examiner, Art Unit 2477