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 .
Status of Claims
Claims 1-20 are pending.
Information Disclosure Statement
The Information Disclosure Statement filed on 03/12/2024 is in compliance with the provisions of 37 CFR 1.97 and have been considered. An initialed copy of the Form 1449 is enclosed herewith.
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.
Claim Objections
Claims 9-10 and 15 are objected to because of the following informalities: Semicolon is missing after the word “comprising” in claims 9-10 and 15 and “a change unit” in line 1 of claim 9 should instead recite “a first change unit” as to be consistent with other dependent claims. Appropriate corrections are required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “setting unit”, “control unit”, “change unit”, “first change unit”, “second change unit”, and “display unit” in claims 1, 8-10 and 15, respectively.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification, according to PG-Pub, shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre- AIA 35 U.S.C. 112, sixth paragraph limitation:
setting unit - CPU 304 with setting screen 600, paragraphs 56, 63.
control unit – CPU 304, paragraphs 61-63.
change unit – CPU 304 with setting screen 600, paragraphs 46, 63.
first change unit – CPU 304 with high button 601, paragraphs 46, 63.
second change unit – CPU 304 with low button 602, paragraphs 46, 63.
display unit - operation unit 315, paragraphs, 35, 46.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-20 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1-20 of co-pending Application No. 18/646488.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are just a differently structured with slightly different elements and wording than the co-pending application as can be seen from the analysis below.
In regards to claims 1-20 of the instant application and in comparison, to claims 1-20 of 18/646488:
18/602125
18/646488
1. An information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN), comprising at least one memory and at least one processor which function as: a setting unit configured to set, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; a control unit configured to operate the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is validated; and a change unit configured to execute change processing of changing a state of the information processing apparatus from a state in which the first setting is validated to a state in which the second setting is validated based on a fact that the information processing apparatus is determined to be operated as a Master in a NAN cluster in which the information processing apparatus participates in a state in which the first setting is validated.
2. The apparatus according to claim 1, wherein in the information processing apparatus, a predetermined value defined by a NAN standard as a factor for determining a role in the NAN cluster, and the predetermined value set in the information processing apparatus in the state in which the first setting is validated is equal to the predetermined value set in the information processing apparatus in the state in which the second setting is validated.
3. The apparatus according to claim 2, wherein the predetermined value is a Master Preference.
6. The apparatus according to claim 5, wherein the predetermined value is a Master Preference, and the predetermined processing is processing for setting a Master Preference set in the information processing apparatus in the state in which the second setting is validated to be lower than a Master Preference set in the information processing apparatus in the state in which the first setting is validated.
7. The apparatus according to claim 1, wherein the information processing apparatus operates in one of a plurality of modes including the predetermined energy saving mode, another power saving mode having power consumption higher than that of the predetermined power saving mode, and a normal power mode having power consumption higher than the other power saving mode.
8. The apparatus according to claim 7, further comprising: a first change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the other power saving mode based on a fact that another condition different from the predetermined condition is satisfied in the state in which the information processing apparatus is operating in the normal power mode; and a second change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is validated and the information processing apparatus is operating in the other power saving mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is validated and the information processing apparatus is operating in the other power saving mode.
9. The apparatus according to claim 7, further comprising a change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is validated and the information processing apparatus is operating in the normal power mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is validated and the information processing apparatus is operating in the normal power mode.
10. The apparatus according to claim 7, further comprising a first change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the predetermined power saving mode or the other power saving mode to a state in which the information processing apparatus is operating in the normal power mode based on another condition different from the predetermined condition in a state in which the information processing apparatus is operating in the predetermined power saving mode or a state in which the information processing apparatus is operating in the other power saving mode.
11. The apparatus according to claim 7, wherein the number of hardware components of the information processing apparatus, which are supplied with power in the normal power mode is larger than the number of hardware components of the information processing apparatus, which are supplied with power in the other power saving mode, and the number of hardware components of the information processing apparatus, which are supplied with power in the other power saving mode is larger than the number of hardware components of the information processing apparatus, which are supplied with power in the predetermined power saving mode.
12. The apparatus according to claim 1, wherein a state of the information processing apparatus is changed from a state in which the second setting is validated to a state in which the first setting is validated based on a fact that communication by the NAN is stopped in the information processing apparatus in a state in which the second setting is validated by executing the change processing.
13. The apparatus according to claim 1, wherein a state of the information processing apparatus is changed from a state in which the second setting is invalidated to a state in which the first setting is validated based on determination for operating the information processing apparatus as a role other than the Master in the NAN cluster in a state in which the second setting is validated by executing the change processing.
14. The apparatus according to claim 1, wherein the predetermined power saving mode is a mode for executing no communication based on a NAN.
15. The apparatus according to claim 1, further comprising a display unit configured to display a selection screen for causing a user to select the first setting or the second setting, wherein the first setting is validated based on selection of the first setting on the selection screen, and the second setting is validated based on selection of the second setting on the selection screen.
16. The apparatus according to claim 1, wherein the predetermined condition includes a condition that predetermined data is not received for a predetermined period.
17. The apparatus according to claim 1, wherein in a case where the information processing apparatus is determined to operate as a role other than the Master in the NAN cluster in a state in which the first setting is validated, the change processing is not executed.
18. The apparatus according to claim 1, wherein the information processing apparatus is a printer.
19. A control method for an information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN), comprising: setting, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; operating the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is validated; and executing change processing of changing a state of the information processing apparatus from a state in which the first setting is validated to a state in which the second setting is validated based on a fact that the information processing apparatus is determined to be operated as a Master in a NAN cluster in which the information processing apparatus participates in a state in which the first setting is validated.
20. A non-transitory computer-readable storage medium storing a program for operating a computer of an information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN) to function as: a setting unit configured to set, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; a control unit configured to operate the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is validated; and a change unit configured to execute change processing of changing a state of the information processing apparatus from a state in which the first setting is validated to a state in which the second setting is validated based on a fact that the information processing apparatus is determined to be operated as a Master in a NAN cluster in which the information processing apparatus participates in a state in which the first setting is validated.
1. An information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN), the information processing apparatus comprising: at least one memory and at least one processor, wherein the at least one memory and the at least one processor are configured to: set, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; operate the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is set; and execute predetermined processing that is processing of controlling the information processing apparatus such that the information processing apparatus is more likely to operate as a Master in the NAN cluster in a state in which the second setting is set than a state in which the first setting is set.
2. The information processing apparatus according to claim 1, wherein in the information processing apparatus, a predetermined value defined by a NAN standard is a factor for determining a role in the NAN cluster, and the predetermined processing is processing of controlling the predetermined value set in the information processing apparatus in the state in which the second setting is set such that the at least one memory and the at least on processor are more likely to determine to operate the information processing apparatus as a Master in the NAN cluster in the state in which the second setting is set than the state in which the first setting is set.
5. The information processing apparatus according to claim 4, wherein the predetermined value is a Master Preference, and the predetermined processing is processing for setting a Master Preference set in the information processing apparatus in the state in which the second setting is set to be higher than a Master Preference set in the information processing apparatus in the state in which the first setting is set.
9. The information processing apparatus according to claim 1, wherein the information processing apparatus operates in one of a plurality of modes including the predetermined power saving mode, another power saving mode having power consumption higher than that of the predetermined power saving mode, and a normal power mode having power consumption higher than the other power saving mode.
10. The information processing apparatus according to claim 9, wherein the at least one memory and the at least one processor are further configured to: change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the other power saving mode based on a fact that another condition different from the predetermined condition is satisfied in the state in which the information processing apparatus is operating in the normal power mode; and change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is set and the information processing apparatus is operating in the other power saving mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is set and the information processing apparatus is operating in the other power saving mode.
11. The information processing apparatus according to claim 9, wherein the at least one memory and the at least one processor are further configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is set and the information processing apparatus is operating in the normal power mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is set and the information processing apparatus is operating in the normal power mode.
12. The information processing apparatus according to claim 9, wherein the at least one memory and the at least one processor are further configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the predetermined power saving mode or the other power saving mode to a state in which the information processing apparatus is operating in the normal power mode based on another condition different from the predetermined condition in a state in which the information processing apparatus is operating in the predetermined power saving mode or a state in which the information processing apparatus is operating in the other power saving mode.
13. The information processing apparatus according to claim 9, wherein the number of hardware components of the information processing apparatus that are supplied with power in the normal power mode is larger than the number of hardware components of the information processing apparatus that are supplied with power in the other power saving mode, and the number of hardware components of the information processing apparatus that are supplied with power in the other power saving mode is larger than the number of hardware components of the information processing apparatus that are supplied with power in the predetermined power saving mode.
4. The information processing apparatus according to claim 3, wherein a state of the information processing apparatus is changed from a state in which the second setting is set to a state in which the first setting is set based on a fact that communication by the NAN is stopped in the information processing apparatus in a state in which the second setting is set by executing the change processing.
6. The information processing apparatus according to claim 3, wherein a state of the information processing apparatus is changed from a state in which the second setting is not set to a state in which the first setting is set based on a determination for operating the information processing apparatus as a role other than the Master in the NAN cluster in a state in which the second setting is set by executing the change processing.
14. The information processing apparatus according to claim 1, wherein the predetermined power saving mode is a mode for executing no communication based on a NAN.
15. The information processing apparatus according to claim 1, further comprising a display configured to display a selection screen for allowing the user to select the first setting or the second setting, wherein the first setting is set based on selection of the first setting on the selection screen, and the second setting is set based on selection of the second setting on the selection screen.
16. The information processing apparatus according to claim 1, wherein the predetermined condition includes a condition that predetermined data is not received for a predetermined period.
7. The information processing apparatus according to claim 4, wherein in a case where the information processing apparatus is determined to operate as a role other than the Master in the NAN cluster in a state in which the first setting is set, the change processing is not executed.
17. The information processing apparatus according to claim 1, wherein the information processing apparatus is a printer.
19. A control method for an information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN), the control method comprising: setting, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; operating the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is set; and executing predetermined processing that is processing of controlling the information processing apparatus such that the information processing apparatus is more likely to operate as a Master in the NAN cluster in a state in which the second setting is set than a state in which the first setting is set.
20. A non-transitory computer-readable storage medium storing computer-executable instructions for causing a computer of an information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN) to: set, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode based on a fact that a predetermined condition for operating the information processing apparatus in the predetermined power saving mode is satisfied, and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition is satisfied; operate the information processing apparatus in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is set; and execute predetermined processing that is processing of controlling the information processing apparatus such that the information processing apparatus is more likely to operate as a Master in the NAN cluster in a state in which the second setting is set than a state in which the first setting is set.
Instant claims 4-5 are slight variations and analogous to claims 1-20 of the instant application and therefore similarly rejected by under the Double Patenting doctrine.
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.
Claims 1-7, 9-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujimori, US 2018/0027366.
Regarding claim 1, Fujimori discloses an information processing apparatus (NAN device 101, fig. 1) capable of executing communication by a Neighbor Awareness Network (NAN) (paragraphs 27, 2, hardware configuration of device executing NAN), comprising at least one memory and at least one processor (control unit 202 is composed of a CPU or an MPU, and controls the NAN device 101 overall by executing a program stored in the storage unit 201, paragraph 29) which function as:
a setting unit (CPU controls the NAN device 101 overall, paragraph 29) configured to set, in the information processing apparatus (NAN device 101, fig. 1), any setting among a plurality of setting including a first setting and a second setting (NAN device 101 has three settings or roles such as a master setting, a non-master sync setting, and a non-master non-sync setting, which can be set by CPU according to the NAN standard, paragraph 53), wherein the first setting is a setting for operating the information processing apparatus in a predetermined power saving mode (non-master non-sync setting is a first setting where NAN device is operated in power saving mode as clearly shown in fig. 5, S502, S504) based on a fact that a predetermined condition (RSSI value) for operating the information processing apparatus in the predetermined power saving mode is satisfied (RSSI value of the sync beacon is used as a factor in the role determination according to the NAN standard, and NAN device enters master to non-master setting when RSSI value (predetermined condition) being equal to or greater than a predetermined threshold value is satisfied along with entering a non-master non-sync, paragraphs 53-55),
and the second setting is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode (non-master sync setting is a second setting where NAN device is not operated in power saving mode but instead operated in management mode as clearly shown in fig. 5, S502-S503) even if the predetermined condition is satisfied (even when condition to shift from master to non-master is satisfied based on RSSI value (predetermined condition) being equal to or greater than a predetermined threshold value but it only enters non-master sync and not non-master non-sync mode, paragraphs 53-55);
a control unit (CPU controls the NAN device 101 overall, paragraph 29) configured to operate the information processing apparatus (NAN device 101, fig. 1) in the predetermined power saving mode based on a fact that the predetermined condition is satisfied in a state in which the first setting is validated (as explained above, that when condition to enter non-master setting along with entering a non-master non-sync setting is satisfied, the NAN device is shifted into power saving mode by the CPU, paragraphs 54-55) ;
and a change unit (CPU controls the NAN device 101 overall, paragraph 29) configured to execute change processing of changing a state of the information processing apparatus (NAN device 101, fig. 1) from a state in which the first setting is validated to a state in which the second setting is validated based on a fact that the information processing apparatus is determined to be operated as a Master in a NAN cluster in which the information processing apparatus participates in a state in which the first setting is validated (CPU can change the roles from non-master non-sync to non-master sync state based on the fact that sync beacon need to be transmitted or is received during the DW period, or at the timing when the DW period ends. Thus, every time when the role is changed, a process from S501 of FIG. 5 may be executed. With this configuration, the operation mode can be properly switched every time when the role is changed, where NAN device is determined to be operated as a Master in a NAN cluster such that all the NAN devices at the timing of generating a NAN cluster and at the timing of joining a NAN cluster operate as a master. After that, the NAN device changes its role to a non-master sync or a non-master non-sync according to need, based on the sync beacon received during the DW period, paragraphs 53-55).
Regarding claim 2, Fujimori further discloses wherein in the information processing apparatus, a predetermined value defined by a NAN standard as a factor for determining a role in the NAN cluster, and the predetermined value set in the information processing apparatus in the state in which the first setting is validated is equal to the predetermined value set in the information processing apparatus in the state in which the second setting is validated. (RSSI value of the sync beacon is used as a factor in the role determination according to the NAN standard, and NAN device enters master to non-master setting when RSSI value being equal to or greater than a predetermined threshold value, paragraphs 53 and 55).
Regarding claim 3, Fujimori further discloses wherein the predetermined value is a Master Preference (predetermined value instead RSSI can be a master rank of the sync beacon or an anchor master rank, paragraph 53).
Regarding claim 4, Fujimori further discloses wherein predetermined processing for being harder to determine to operate the information processing apparatus as a Master in the NAN cluster in the state in which the second setting is validated than the state in which the first setting is validated is executed (it can also be harder to operate as master in non-master sync state than the non-master non-sync state because non-master sync state can also be made to operate in the power saving mode where receiving/transmitting functions are deactivated such that NAN device 102 is operating in a power saving mode, and the receiving function of the communication unit 206 is deactivated outside the DW period. Thus, there may be a case that the NAN device 102 cannot receive a discovery beacon in S610. However, the NAN device 102 can receive the sync beacon of S612 since the sync beacon is transmitted during a period when the receiving function of the communication unit 206 is active, and the NAN device operates in the merge management mode only in a case of a master, paragraphs 56, 67).
Regarding claim 5, Fujimori further discloses wherein in the information processing apparatus, a predetermined value defined by a NAN standard as a factor for determining a role in the NAN cluster is set (predetermined value can be a master rank of the sync beacon or abbreviation of an anchor master rank, paragraphs 24, 53, 57), and the predetermined processing is processing of controlling the predetermined value set in the information processing apparatus in the state in which the second setting is validated so as to be being harder to determine to operate the information processing apparatus as a Master in the NAN cluster in the state in which the second setting is validated than the state in which the first setting is validated (it can also be harder to operate as master in non-master sync state than the non-master non-sync state because non-master sync state can also be made to operate in the power saving mode where receiving/transmitting functions are deactivated such that NAN device 102 is operating in a power saving mode, and the receiving function of the communication unit 206 is deactivated outside the DW period. Thus, there may be a case that the NAN device 102 cannot receive a discovery beacon in S610. However, the NAN device 102 can receive the sync beacon of S612 since the sync beacon is transmitted during a period when the receiving function of the communication unit 206 is active, and the NAN device operates in the merge management mode only in a case of a master, paragraphs 56, 67).
Regarding claim 6, Fujimori further discloses wherein the predetermined value is a Master Preference (predetermined value can be a master rank of the sync beacon or abbreviation of an anchor master rank, paragraphs 24, 53, 57), and the predetermined processing is processing for setting a Master Preference set in the information processing apparatus in the state in which the second setting is validated to be lower than a Master Preference set in the information processing apparatus in the state in which the first setting is validated (master rank is determined based on a master preference, which are set for each NAN device. A NAN device is likely to be allocated with a role as a master when the NAN device has a higher master rank while a NAN device is likely to be allocated with a role as a non-master non-sync when the NAN device has a lower master rank, paragraph 24, wherein, “For example, the NAN device 101 compares a master rank of the NAN device, which is a sender of the notification with the master rank of the NAN device 101 and, when the master rank of the NAN device 101 is lower, it is decided to operate in a power saving mode. This configuration can prevent both of the two NAN devices from switching to a power saving mode, in a case that the two NAN devices notify each other that they are operating in a merge management mode. Further, in a case that the master ranks of the two NAN devices are the same, the operation modes of these NAN devices may be kept as the merge management mode. Further, in a case that all NAN devices in a surrounding area are in a power saving mode, the NAN device 101 may compare master ranks of those NAN devices in the surrounding area with the master rank of the NAN device 101. Then, the NAN device 101 may shift to a merge management mode only when its master rank is higher than any of the NAN devices in the surrounding area. This configuration can prevent the power consumption of the entire system from increasing as the plurality of NAN devices switch to a merge management mode when all the NAN devices in the surrounding area are in a power saving mode. Here, in a case that there are a plurality of NAN devices having highest master rank, two or more NAN devices among the plurality of NAN devices may shift to a merge management mode”, paragraphs 80, 61),
Regarding claim 7, Fujimori further discloses wherein the information processing apparatus operates in one of a plurality of modes including the predetermined energy saving mode, another power saving mode having power consumption higher than that of the predetermined power saving mode, and a normal power mode having power consumption higher than the other power saving mode (NAN device 101 operates to suppress its power consumption by not activating (deactivating) the receiving function of the communication unit 206 outside the DW period, in the power saving mode, paragraph 50).
Regarding claim 9, Fujimori further discloses a change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is validated and the information processing apparatus is operating in the normal power mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is validated and the information processing apparatus is operating in the normal power mode (normal mode is merge management mode where all communication is activated and power saving mode is where communication is deactivated, abstract, paragraphs 50, 70, and based on RSSI value of the sync beacon which is used as a factor in the role determination according to the NAN standard, and NAN device enters master to non-master setting when RSSI value (predetermined condition) being equal to or greater than a predetermined threshold value is satisfied along with entering a non-master non-sync for power saving mode, however, even when condition to shift from master to non-master is satisfied based on RSSI value being equal to or greater than a predetermined threshold value but it only enters non-master sync and not non-master non-sync mode, paragraphs 53-55).
Regarding claim 10, Fujimori further discloses a first change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the predetermined power saving mode or the other power saving mode to a state in which the information processing apparatus is operating in the normal power mode based on another condition different from the predetermined condition (predetermined value instead RSSI can be a master rank of the sync beacon or anchor master rank or hop count, paragraphs 53, 61) in a state in which the information processing apparatus is operating in the predetermined power saving mode or a state in which the information processing apparatus is operating in the other power saving mode (NAN device 102 shifts its role from a master to a non-master sync. Here, an AMR value of the NAN device 102 is rewritten with an AMR value included in the received sync beacon, and a hop count value is set to a value in which one is added to a hop count value included in the sync beacon (which is “1”). Since the NAN device 101 is an anchor master, the AMR value included in the sync beacon transmitted from the NAN device 101 becomes a value of the master rank of the NAN device 101 and the hop count value becomes zero, paragraph 61).
Regarding claim 11, Fujimori further discloses wherein the number of hardware components of the information processing apparatus, which are supplied with power in the normal power mode is larger than the number of hardware components of the information processing apparatus, which are supplied with power in the other power saving mode, and the number of hardware components of the information processing apparatus, which are supplied with power in the other power saving mode is larger than the number of hardware components of the information processing apparatus, which are supplied with power in the predetermined power saving mode (normal mode is merge management mode where all communication is activated and power saving mode is where communication is deactivated, therefore less power is supplied to the communication components in power saving mode (“NAN device 101 operates to suppress its power consumption by not activating (deactivating) the receiving function of the communication unit 206 outside the DW period, in the power saving mode”) as compared to the merge management mode since receiving/transmitting functions are deactivated in power saving whereas most/all components are active in merge management mode, abstract, paragraphs 50, 70).
Regarding claim 12, Fujimori further discloses wherein a state of the information processing apparatus is changed from a state in which the second setting is validated to a state in which the first setting is validated based on a fact that communication by the NAN is stopped in the information processing apparatus in a state in which the second setting is validated by executing the change processing (when there is a NAN device operating in a merge management mode in a surrounding area, the NAN device stops its operation in the merge management mode and switches to a power saving mode so that the power saving performance of the entire system can be improved, paragraph 71).
Regarding claim 13, Fujimori further discloses wherein a state of the information processing apparatus is changed from a state in which the second setting is invalidated to a state in which the first setting is validated based on determination for operating the information processing apparatus as a role other than the Master in the NAN cluster in a state in which the second setting is validated by executing the change processing (based on RSSI value of the sync beacon which is used as a factor in the role determination according to the NAN standard, and NAN device enters master to non-master setting when RSSI value (predetermined condition) being equal to or greater than a predetermined threshold value is satisfied along with entering a non-master non-sync for power saving mode, however, even when condition to shift from master to non-master is satisfied based on RSSI value being equal to or greater than a predetermined threshold value but it only enters non-master sync and not non-master non-sync mode, paragraphs 53-55).
.
Regarding claim 14, Fujimori further discloses wherein the predetermined power saving mode is a mode for executing no communication based on a NAN (in power saving mode, the communication (receiving/transmitting) functions are deactivated, paragraphs 50, 70 and abstract - “deactivates the transmitting and receiving functions outside the first period”).
Regarding claim 16, Fujimori further discloses wherein the predetermined condition includes a condition that predetermined data is not received for a predetermined period (the role may be changed when the sync beacon is received during the DW period, or at the timing when the DW period ends since communication unit 206 is deactivated outside the DW period, paragraphs 53, 67, 40).
Regarding claim 17, Fujimori further discloses wherein in a case where the information processing apparatus is determined to operate as a role other than the Master in the NAN cluster in a state in which the first setting is validated, the change processing is not executed (NAN device operating in a role of a non-master non-sync deactivates the receiving function and transmitting function of the communication unit 206 outside the DW period, the NAN clusters can be merged while saving power consumption of the entire system, paragraphs 67, 70).
Regarding claim 18, Fujimori further discloses wherein the information processing apparatus is a printer (NAN device 101 can be a printer, paragraphs 29-30).
Regarding claim 19, is a method claim version of claim1 reciting similar features and thus is rejected on the same rationale as presented for claim 1.
Regarding claim 20, is a non-transitory computer-readable storage medium version of claim 1 reciting similar features and thus is rejected on the same rationale as presented for claim 1. Note that non-transitory computer-readable storage medium is taught by Fujimori at paragraph 83, claim 17.
Claim Rejections - 35 USC § 103
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 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 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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Fujimori, US 2018/0027366 in view of Takatani, US 2016/0100073.
Regarding claim 15, Fujimori further discloses a display unit configured to display a screen (display screen, paragraph 31).
Fujimori fails to explicitly teach a display unit configured to display a selection screen for causing a user to select first setting or second setting, wherein the first setting is validated based on selection of the first setting on the selection screen, and the second setting is validated based on selection of the second setting on the selection screen.
However, Takatani teaches a display unit configured to display a selection screen for causing a user to select first setting or second setting, wherein the first setting is validated based on selection of the first setting on the selection screen, and the second setting is validated based on selection of the second setting on the selection screen (first setting unit configured to set a first power-saving state or a second power-saving state in which a smaller amount of power is consumed than in the first power-saving state as a power-saving state to which the printing apparatus is shifted when a shifting factor that causes the printing apparatus to shift to the power-saving state is detected, wherein selecting screen displayed for selecting first power mode or second power mode, and a control unit configured to execute setting based on selection, paragraphs 10, 44-45, 52-54).
Fujimori and Takatani are combinable because they both are in the same field of endeavor dealing with image processing utilizing power saving modes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Fujimori with the teachings of Takatani for the benefit of providing convenience to a user such that power states that suit user's intention can be selected for the low-power state and the job executable state as taught by Takatani at paragraph 11.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if double patenting rejections as set forth in this action are overcome and are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: cited prior arts and other related prior arts do not expressly teach all the limitations of claim 8 such as: “The apparatus according to claim 7, further comprising: a first change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the normal power mode to a state in which the information processing apparatus is operating in the other power saving mode based on a fact that another condition different from the predetermined condition is satisfied in the state in which the information processing apparatus is operating in the normal power mode; and a second change unit configured to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode based on satisfaction of the predetermined condition in a state in which the first setting is validated and the information processing apparatus is operating in the other power saving mode, and not to change a state of the information processing apparatus from a state in which the information processing apparatus is operating in the other power saving mode to a state in which the information processing apparatus is operating in the predetermined power saving mode even if the predetermined condition is satisfied in a state the second setting is validated and the information processing apparatus is operating in the other power saving mode”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fujimori, US 2019/0020994
Das et al., US 2020/0252877
Fujisawa, US 2016/0337540
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/PAWAN DHINGRA/Examiner, Art Unit 2683
/ABDERRAHIM MEROUAN/Supervisory Patent Examiner, Art Unit 2683