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 .
Specification
The use of the term Wi-Fi, Bluetooth, BlueTooth, WiFi, each of which is a trade name or a mark used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized entirely wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Interpretation
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.
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.
None of the instant claims invoke U.S.C. 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4, 8 contains the trademark/trade name Bluetooth. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe Bluetooth and, accordingly, the identification/description is indefinite.
Additionally, claims 4, 8 recite IEEE 802.11 and Bluetooth, which are protocols, and it is unclear which specific versions of the protocols Applicant is referring to and what the metes and bounds of the claims are in light of the specific versions. No documentation has been provided and/or no mention in the instant specification has been given with respect to the versions of the protocols claimed.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2016/0094537 A1 to Zucker [provided by Applicant].
As to claim 1, Zucker discloses a communication coordination device (Figures 1 and 2, 150 being “communication device” 110 being “communication coordination device”), comprising: a transceiver (fig. 1, antenna illustrated on top of 110), capable of communicating using a wireless local area network (WLAN) and using a wireless personal area network (WPAN) separate from the WLAN (fig. 2, 202, to WLAN, 205 over WPAN, and processing circuitry configured to (fig. 7, processor 700): establish connection with a communication device via WPAN (Figure 2, Nr. 204 and 205;
[0040]: "According to the embodiment of FIG. 2, initiating device 110 transmits message 500 to supplemental device 150 across WPAN 190. In an embodiment wherein WPAN 190 is a Bluetooth network, initiating device 110 pairs with supplemental device 150. The pairing partnership can be established at any point prior to transmission of message 500"); and control the transceiver to transmit, to the communication device over the WPAN, temporary access data for temporary accessing a service of an access point (AP) in the WLAN (Figure 2, Nr. 205;
Figure 68;
[0080]: "Turning to the embodiment shown at FIG. 6b, message 500 is illustrated as an object adapted to be exchanged via a WPAN. In accordance with an embodiment of FIG. 2, message 500 can be an object that is transmitted from initiating device 110 to supplemental device 150 according to the generic object exchange profile of Bluetooth . ... " [0081]: "According to an embodiment of FIG. 6b, message 500 includes the variables SSID 650 of WLAN 120 and network key 660 to access WLAN 120." [0033]: " ... WLAN 120 is defined at WAP 123 by a network administrator for WAP 123 (not shown). The network. The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired."; See also: [0072]; fig. 1, Wireless Access Point 123 as part of WLAN 120), wherein the processing circuitry is further configured to: connect to the AP over the WLAN using main access data different from the temporary access data (para. 0030, In some WEP embodiments, initiating device 110 acts as the initiator by sending an authentication request to the responder WAP 123.), obtain the temporary access data from the AP via the WLAN (para. 0033, The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired; para. 0035, initiating device 110 receives a request for a shared network key (also colloquially called a password) to connect to WLAN 120 after initiating device 110 sends a request to connect to WLAN 120 (e.g., as a request transmitted over the air to the WAP 123) ), and after the communication device has established connection with the AP using said temporary access data and the communication coordination device has a connection with the AP using said main access data (para. 0033, the shared key or password for WLAN 120 is defined at WAP 123 by a network administrator for WAP 123 (not shown). The network administrator can be the same individual having the commonly owned devices or can be another individual (e.g., the proprietor of a hotel or restaurant offering a WLAN). The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired; para. 0035, At operation 203, initiating device 110 uses the previously inputted network key to connect to WLAN 120 and is thusly connected thereto), control the transceiver to: transmit data to the communication device over the WLAN via the AP, and/or receive data from the communication device over the WLAN via the AP (para. 0035, In this way, initiating device 110 is able to access Internet 130 through WLAN 120; fig. 1, illustrating access via transmission from 110 to Internet 330 through WLAN and WAP).
As to claim 2, Zucker further discloses the communication coordination device according to claim 1, wherein the temporary access data is a temporary Service Set Identifier (SSID) and/or a temporary password (para. 0033, the network administrator can define a shared key or password that is valid for a temporary period of time; para. 0034, Generally, the input includes some credentials (e.g., a service set identifier and a shared network key) that allow initiating device 110 to connect to WLAN 120 at wireless access point 123. In one embodiment, this input is received from a user at initiating device 110 (e.g., an owner or administrator of that device manually typing in the SSID and shared key/password)).
As to claim 3, Zucker further discloses the communication coordination device according to claim 1, wherein the processing circuitry is configured to, when said connection with the communication device via WPAN is terminated, control the transceiver to notify the AP that the temporary access data are invalid (para. 0036, Either as part of operation 203 or following operation 203, initiating device 110 may verify that the credentials are valid for accessing WLAN 120 and Internet 130 at any point after receiving the network credentials as input. In one embodiment, where initiating device 110 determines that the network credentials are invalid for accessing WLAN 120 or for accessing Internet 130 through WLAN 120, the initiating device can decline to take further action, i.e. the stopping of transmission by the device 110 to the WLAN and WAP is a notification of invalidity, specifically the last transmission before stopping being a notification).
As to claim 4, Zucker further discloses the communication coordination device according to claim 1, wherein the WLAN uses a protocol of IEEE 802.11 standard family (para. 0024, 802.11) and/or the WPAN uses a Bluetooth protocol (para. 0027, Bluetooth).
As to claim 5, Zucker further discloses the communication coordination device according to claim 1, wherein said communication coordination device is a mobile phone and said communication device is a screen device (fig. 1, 110 is mobile phone as illustrated, 150 is laptop with screen as illustrated).
As to claim 6, Zucker discloses a communication device (Figures 1 and 2, 150 being “communication device” 110 being “communication coordination device”) comprising: a transceiver capable of communicating using a wireless local area network (WLAN) and using a wireless personal area network (WPAN) separate from the WLAN (fig. 8, WPAN Transceiver and WLAN Transceiver 861; para. 0137, (i.e. taken together as “a transceiver” as they are connected)), and processing circuitry configured to (fig. 8, processor 800): connect with a communication coordination device via WPAN (fig. 2, step 205); control the transceiver to receive, from the communication coordination device over the WPAN, temporary access data for temporary accessing a service of an access point (AP) in the WLAN (Figure 2, Nr. 205;
Figure 68; [0080]: "Turning to the embodiment shown at FIG. 6b, message 500 is illustrated as an object adapted to be exchanged via a WPAN. In accordance with an embodiment of FIG. 2, message 500 can be an object that is transmitted from initiating device 110 to supplemental device 150 according to the generic object exchange profile of Bluetooth . ... " [0081]: "According to an embodiment of FIG. 6b, message 500 includes the variables SSID 650 of WLAN 120 and network key 660 to access WLAN 120." [0033]: " ... WLAN 120 is defined at WAP 123 by a network administrator for WAP 123 (not shown). The network. The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired."; See also: [0072]; fig. 1, Wireless Access Point 123 as part of WLAN 120); and connect with the AP using the temporary access data (Figure 2, Nr. 207 and 208; fig. 1, Wireless Access Point 123 as part of WLAN 120)
, wherein the processing circuitry is configured to control the transceiver to: transmit data to the communication coordination device over the WLAN via the AP, and/or receive data from the communication coordination device over the WLAN via the AP (Figure 2, Nr. 207 and 208; fig. 1, Wireless Access Point 123 as part of WLAN 120).
As to claim 7, Zucker further discloses the communication device according to claim 6, wherein the temporary access data is a temporary Service Set Identifier (SSID) and/or a temporary password (para. 0033, the network administrator can define a shared key or password that is valid for a temporary period of time; para. 0034, Generally, the input includes some credentials (e.g., a service set identifier and a shared network key) that allow initiating device 110 to connect to WLAN 120 at wireless access point 123. In one embodiment, this input is received from a user at initiating device 110 (e.g., an owner or administrator of that device manually typing in the SSID and shared key/password)).
As to claim 8, Zucker further discloses the communication device according to claim 6, wherein the WLAN uses a protocol of IEEE 802.11 standard family (para. 0024, 802.11) and/or the WPAN uses a Bluetooth protocol (para. 0027, Bluetooth).
As to claim 9, Zucker further discloses the communication device according to claim 6, wherein said communication coordination device is a mobile phone and said communication device is a television (TV) screen or monitor (fig. 1, 110 is mobile phone as illustrated, 150 is laptop with screen as illustrated).
As to claim 10, Zucker discloses a method for coordinating communication with a communication device and performed on a communication coordination device, (Figures 1 and 2, 150 being “communication device” 110 being “communication coordination device”);
the method comprising: connecting to a wireless local area network (WLAN) (Figure 2, Nr. 202 and 203 [0034]: " ... In response to receiving the input that identifies a desired WLAN 120 by its SSID and includes the shared key, initiating device 110 then uses these credentials to connect to the selected WLAN 120 in operation 202.");
establishing connection with the communication device via a wireless personal area network (WPAN) separate from the WLAN (Figure 2, Nr. 204 and 205;
[0040]: "According to the embodiment of FIG. 2, initiating device 110 transmits message 500 to supplemental device 150 across WPAN 190. In an embodiment wherein WPAN 190 is a Bluetooth network, initiating device 110 pairs with supplemental device 150. The pairing partnership can be established at any point prior to transmission of message 500"); and transmitting, to the communication device over the WPAN, temporary access data for temporary accessing a service of an access point, AP, in the WLAN (Figure 2, Nr. 205; Figure 68;
[0080]: "Turning to the embodiment shown at FIG. 6b, message 500 is illustrated as an object adapted to be exchanged via a WPAN. In accordance with an embodiment of FIG. 2, message 500 can be an object that is transmitted from initiating device 110 to supplemental device 150 according to the generic object exchange profile of Bluetooth . ... " [0081]: "According to an embodiment of FIG. 6b, message 500 includes the variables SSID 650 of WLAN 120 and network key 660 to access WLAN 120." [0033]: " ... WLAN 120 is defined at WAP 123 by a network administrator for WAP 123 (not shown). The network. The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired."; See also: [0072]; fig. 1, Wireless Access Point 123 as part of WLAN 120).
As to claim 11, Zucker discloses a method for communication with a communication coordination device and performed on a communication device,
(Figures 1 and 2, 150 being “communication device” 110 being “communication coordination device”);
the method comprising:
connecting with the communication coordination device via a wireless personal area network (WPAN) (Figure 2, Nr. 204 and 205;
[0040]: "According to the embodiment of FIG. 2, initiating device 110 transmits message 500 to supplemental device 150 across WPAN 190. In an embodiment wherein WPAN 190 is a Bluetooth network, initiating device 110 pairs with supplemental device 150. The pairing partnership can be established at any point prior to transmission of message 500"); receiving, from the communication coordination device over the WPAN, temporary access data for temporary accessing a service of an access point (AP) in a wireless local area network (WLAN) (Figure 2, Nr. 205;
Figure 68; [0080]: "Turning to the embodiment shown at FIG. 6b, message 500 is illustrated as an object adapted to be exchanged via a WPAN. In accordance with an embodiment of FIG. 2, message 500 can be an object that is transmitted from initiating device 110 to supplemental device 150 according to the generic object exchange profile of Bluetooth . ... " [0081]: "According to an embodiment of FIG. 6b, message 500 includes the variables SSID 650 of WLAN 120 and network key 660 to access WLAN 120." [0033]: " ... WLAN 120 is defined at WAP 123 by a network administrator for WAP 123 (not shown). The network. The network administrator can define a shared key or password for WLAN 120 that is perpetually valid. Alternatively, the network administrator can define a shared key or password that is valid for a temporary period of time. Consequently, initiating device 110 and/or supplemental device 150 will be unable to access WLAN 120 using the temporary shared key or password once the durational validity has expired."; See also: [0072]; fig. 1, Wireless Access Point 123 as part of WLAN 120); and connecting with the AP using the temporary access data (Figure 2, Nr. 207 and 208; fig. 1, Wireless Access Point 123 as part of WLAN 120).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180332630 A1 at fig. 1 discloses a device 140 in NFC communication with an NFC Tag, further able to communicate with an Access Point 111.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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/OMAR J GHOWRWAL/Primary Examiner, Art Unit 2463