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 .
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 1-9 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.
Claim 1 recites the limitation "the target devices" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the target devices" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the target devices" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7 are rejected because they depend from the rejected claim 1.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention is directed to abstract idea without significantly more.
Claim(s) 1, 8, and 9 are rejected under 35 U.S.C. § 101 because the claims are directed to non-statutory subject matter.
Step 1 (Alice): The claims are directed to an abstract idea. The claims recite generating/detecting presence of a target device and applying rules to use an alternate communication system to transmit configuration/setting information and exclude/limit inspection/participation areas. These steps amount to information collection, analysis, and conditional control/routing rules for managing device participation—an abstract process of organizing human/administrative activity and information flow.
Step 2 (Alice): The claims do not recite additional elements that transform the nature of the claim into a patent-eligible application. The claimed components (communication processors, target determination unit, transmission controller) are generic network/hardware elements and the steps (broadcast inquiry, distance-based filtering, display of lists) are routine and conventional network/UI functions. The specification does not identify a specific unconventional configuration, algorithm, or hardware that produces an improvement in network performance, accuracy, or other technical effect. Thus, the claims do not provide an “inventive concept” sufficient to make the abstract idea patent-eligible.
Accordingly, claims 1, 8, and 9 (and claims 2–7 dependent on claim 1) are rejected under 35 U.S.C. § 101 as directed to an abstract idea and lacking an inventive concept. Applicant is invited to respond with argument and/or amendments, including (a) pointing to specification language showing a specific technical improvement or unconventional implementation, (b) amending claims to recite concrete technical features (hardware, algorithms, message formats, timing/synchronization, or other improvements), or (c) providing evidence (e.g., declaration) that claimed elements were not routine or conventional at the priority date.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama et al. (US PGPUB 2017/0202035) in view of Jung et al. (US Patent 11765245).
Regarding claim 1, Yokoyama et al. teach a wireless communication device comprising:
a first communication processor configured to perform processing of executing communication of a first wireless communication system (¶[0029], [0032]: smartphone 1 includes a wireless LAN communication unit 13 that communicates by IEEE 802.11; printer 2 includes wireless LAN communication unit 23.);
a target determination unit configured to determine whether a target device which is a device configured to provide a specific service is present in a network accessible by the communication of the first wireless communication system (¶[0038]–[0047]: smartphone transmits IP/MAC info via AP, determines if printer is on the network via AP based on response.);
a second communication processor configured to perform processing of executing, when the target device is not present in the network, communication of a second wireless communication system, which is different from the first wireless communication system, with at least one of the target devices (NFC communication unit 14/24 used for short-range comms (¶[0029], [0030], [0033], [0035]).); and
Yokoyama teaches using a short-range channel (NFC) to exchange setting information (¶¶ [0033], [0035]), but does not teach NAN. However, Jung teaches configuring and operating a NAN cluster, BLE-triggered NAN activation, and NAN mode communication (¶¶ (71)–(76), (82), (92), (93), (101)–(106), (140)–(143)).
Accordingly, the combination of Yokoyama et al. (which teaches the overall wireless terminal architecture, target-presence determination via AP query, UI selection for direct vs AP connection, and transfer of provisioning info via a short-range channel) with the NAN specification (which teaches using NAN as the short-range neighbor discovery and peer data-exchange mechanism, including service inquiry/broadcast, cluster management, and distance/RSSI measurements) establishes a prima facie case of obviousness under 35 U.S.C. § 103 for the claims as a whole.
Therefore, it would have been obvious to a person ordinary skill in the art before the invention was made to replace the short-range bootstrap (NFC) used by Yokoyama with a NAN-based low-power discovery/bootstrap mechanism taught by Jung in order to provide the same device discovery and provisioning functions. Jung expressly teaches using BLE triggers to activate NAN and to perform service discovery and peer data exchange. Thus, Yokoyama’s functional teaching (use short-range mechanism to provision when AP path absent) combined with Jung’s teaching of NAN provides the claimed second communication processor performing NAN communication when the target is not present on the first network.
a transmission controller configured to perform control to transmit, to the at least one of the target devices, setting information for participating in the network using the communication of the second wireless communication system (Yokoyama: smartphone reads SSID/password from NFC and uses those settings to connect to the printer (¶¶ [0033], [0035], [0043]–[0046]). Jung: service group information, SDF/NAF frames, and follow-up messages convey group IDs and device information; service group messages/NAN action frames carry service group info to cluster devices (¶¶ (73), (80), (112), (134)–(146), (160), (176), (176)–(177)). Jung teaches transmitting service group information and follow-up messages that can include device IDs/addresses and other info required for participation in a service group (¶¶ (133)–(136), (144)–(146), (160), (226)–(227)). Yokoyama supplies the concept of transmitting network settings to enable participation in a network; Jung supplies the mechanism (NAN SDF/NAF frames, service group messages) to transmit such settings over NAN. Thus, it would have been obvious to use Jung’s NAN service-message mechanism to deliver the network/participation settings that Yokoyama discloses using NFC.
Regarding claim 2, Yokoyama in view of Jung further teaches the wireless communication device according to claim 1, wherein
when transmission of the setting information is completed, the second communication processor is configured to separate the wireless communication device from an NAN cluster for the communication of the second wireless communication system (Jung discloses that devices not included in service group information deactivate NAN radio / leave or deactivate NAN communication after service-group messages (¶¶ (134)–(137), (170)–(176), operations 1760–1782). Thus Jung teaches deactivation/separation after service group messages are handled.).
Regarding claim 3, Yokoyama in view of Jung further teaches the wireless communication device according to claim 1, wherein
when the target device that received the setting information participates in the network, the second communication processor is configured to separate the wireless communication device from an NAN cluster for the communication of the second wireless communication system (Jung discloses transmitting service group information and deactivation of non-targets when the selected target participates; devices not in the service group deactivate NAN (¶¶ (134)–(137), (176)–(178)).).
Regarding claim 4, Yokoyama in view of Jung further the wireless communication device according to claim 1, wherein
the second communication processor is configured to search for the target device configured to provide the specific service according to the NAN standard by broadcasting an inquiry about a service (Jung teaches subscription/publish SDF frames and NAN service discovery frames used to discover services in the cluster (¶¶ (51)–(57), (101)–(106), (140)–(146)). Yokoyama teaches broadcasting inquiry to AP as well (¶[0033]). Combination: use NAN publish/subscribe broadcast as the inquiry.).
Regarding claim 5, Yokoyama in view of Jung further the wireless communication device according to claim 1, further comprising:
a distance information acquisition unit configured to acquire, for each of the at least one of the target devices, distance information indicating a distance to the wireless communication device measured according to the NAN standard, wherein the transmission controller is configured to limit a transmission destination of the setting information based on the distance information (Jung defines a Range Limit field in the Service Descriptor Extension Attribute (SDEA) (Table 8, ¶¶ (181)–(182)) and discusses discovery ordering and power/scan behavior (¶¶ (114)–(116), (221)). A POSITA would understand that NAN attributes (e.g., range limit, RSSI, ranging attributes in Tables) provide proximity/distance info; it would be routine to limit recipient selection by proximity using Jung’s attributes.).
Regarding claim 6, Yokoyama et al. in view of Jung further teaches the wireless communication device according to claim 1, further comprising:
a display controller configured to perform control to display a list of the at least one of the target devices, wherein the transmission controller is configured to determine a transmission destination of the setting information according to an instruction to select a transmission destination from the at least one of the target devices listed in the list (Jung discloses UI listing discovered devices (¶¶ (143), (201)–(203), (218)–(226)), display ordered by distance (¶221), and user selection to form service group and transmit group info (¶¶ (226)–(227), (121), (143)). Thus display + selection + distance display are taught.).
Regarding claim 7, Yokoyama et al. in view of Jung further teaches the wireless communication device according to claim 6, further comprising:
a distance information acquisition unit configured to acquire, for each of the at least one of the target devices, distance information indicating a distance to the wireless communication device measured according to the NAN standard, wherein the display controller is configured to perform control to further display the distance information of each of the at least one of the target devices in the list (Jung discloses UI listing discovered devices (¶¶ (143), (201)–(203), (218)–(226)), display ordered by distance (¶221), and user selection to form service group and transmit group info (¶¶ (226)–(227), (121), (143)). Thus display + selection + distance display are taught.).
Regarding claim 8, steps 1–4 of claim 8 correspond directly to claim 1’s functional elements. Therefore, it is rejected for the same reasons as set forth in claim 1 above.
Regarding claim 9, the program steps matching claim 1’s functional elements. Therefore, it is rejected for the same reasons as set forth in claim 1 above.
Yokoyama teaches a wireless terminal that obtains identification and connection information from a short-range exchange (e.g., NFC), queries an access point with the obtained identification information to determine whether a remote device is present on the network reachable via the access point, selects direct (local) connection if the device is not reachable via the AP, and uses the short-range mechanism to obtain or provide network settings (e.g., SSID/password) to enable network participation (see Yokoyama: Abstract; ¶¶ [0033]–[0047]; Figs. 2–6). Jung et al. teaches neighbor awareness networking (NAN) operation including BLE trigger → NAN activation for low-power discovery, NAN publish/subscribe service discovery, service group information messages carried in Service Discovery Frames or NAN action frames (SDF/NAF) (including vendor body fields), presenting discovery results in a user interface and receiving user selection, and deactivation/leave behavior for non-target devices in a NAN cluster (see Jung ¶¶ (71)–(76), (82), (92)–(96), (111)–(116), (133)–(146), (160)–(176), (218)–(226)).
It would have been obvious to one of ordinary skill in the art before the time of the invention to combine Yokoyama’s teaching of provisioning a device with network settings when the AP path is unavailable with Jung’s teaching of NAN-based discovery and messaging. Jung provides the specific NAN mechanisms (SDF/NAF frames, service group message format, BLE trigger behavior, and cluster membership/deactivation behavior) that would be used to perform the short-range discovery and to carry provisioning/setting information over NAN in place of the short-range technique taught by Yokoyama. The substitution is a routine and predictable design choice because both references address the same problem — discovering nearby devices and exchanging metadata to enable subsequent network participation — and Jung explicitly teaches how to carry service/group information and to instruct non-targets to deactivate NAN (thus teaching the claimed cluster separation after transmission). Accordingly, the combination establishes a prima facie case of obviousness under 35 U.S.C. § 103 for the claims as a whole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US PGPUB 2017/0290029) teaches a wireless resource scheduling method and device for NAN are disclosed. The wireless resource scheduling method for NAN can comprise the steps of: determining switching from a WiFi mode to a NAN mode by a NAN terminal of an AP function; when the NAN terminal of the AP function determines the switching to the NAN mode, transmitting a CTS-to-self frame on the WiFi mode by the NAN terminal of the AP function; switching from the WiFi mode to the NAN mode by the NAN terminal of the AP function; and transmitting, by the NAN terminal of the AP function, a NAN frame to a NAN terminal on the NAN mode, wherein the WiFi mode supports communication on the basis of a BSS and the NAN mode can support communication on the basis of a NAN cluster (Abstract).
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/BENNY Q TIEU/Supervisory Patent Examiner, Art Unit 2682