Prosecution Insights
Last updated: October 02, 2026
Application No. 18/621,645

TERMINAL DEVICE AND NON-TRANSITORY COMPUTER-READABLE RECORDING MEDIUM THEREFOR

Final Rejection §102§103
Filed
Mar 29, 2024
Priority
Mar 31, 2023 — JP 2023-057220
Examiner
HU, RUI MENG
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
411 granted / 614 resolved
+4.9% vs TC avg
Strong +25% interview lift
Without
With
+24.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
13 currently pending
Career history
628
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant's arguments filed on 06/23/2026 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argued BAN does not disclose or suggest "causing the display to display a setting screen associated with the identification information, the setting screen presenting a setting operation to set the target product". The Examiner respectfully submits that the limitations “setting screen” and “a setting operation to set the target product” are broad, BAN’s print setting screen with a print setting operation to allow the user to set the printer (the target product) to print according to the user set settings, clearly reads on the argued limitations. Applicant argued BAN does not store the obtained model information from download server 102 in a memory of the terminal device before installation of the application program. The Examiner respectfully submits that Applicant’s argument is not in line with the claimed limitation, the claim does not clearly mention storing the obtained identification information in the memory or retrieving the stored identification information from the memory before installation of the application program. Applicant argued paragraph [0038] of BAN does not disclose that, after the setting program is started, identification information already stored in the terminal device memory is provided to the setting program. Rather, BAN's processes depend on the download server 102 obtained and transmitting model information to the PC 101. Accordingly, Applicant submits that BAN fails to disclose at least the features set forth in claim 1 as amended. The Examiner respectfully submits that the argued limitation is broad, BAN discloses obtaining the identification (model information of the printer) by the PC 101 ([0025]-[0029], [0062], figure 2 step 52), the same obtained identification (model information of the printer) is later stored in the PC 101 (figure 2 step 63, [0038] model information 812, [0040]: “the PC 101 retrieves information based on the model information 812 from a particular storage area”), and retrieving and providing the stored obtained identification after the setting program is started ([0040]: “During execution of the printing APP 42 (as “after the setting program is started”), the PC 101 retrieves information based on the model information 812 from a particular storage area, and searches for printers corresponding to the retrieved information by means of broadcasting or multicasting”, [0041]: “The model information 812 is information of a model of the printer corresponding to the downloading request…the printing APP 42 automatically determines the printer of which model is included in the downloading request of the installer 47 of the printing APP 42 as the objective device to be used for printing.” [0042]: “When multiple printers are searched as printers corresponding to the model information 812 (information regarding the model of a printer stored in the particular storage area) in procedure 65, the PC 101 may automatically determine one of them or accept the user's selection. After the startup of the printing APP 42, when information regarding the model of a printer is not stored in the particular storage area, the PC 101 may search for all the models controllable by the printing APP 42”). Thus the model information 812 “information regarding the model of a printer stored in the particular storage area” is retrieved by the printing APP 42 for searching printers that matching the model information 812 and for providing the print setting screen of the model information 812 to allow user to control the settings of the matched printer. Same reasons apply to claim 10. 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 and 3-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAN (US 20190303122 A1). For claim 1. BAN discloses A terminal device comprising: a display ([0017]); a memory ([0038], [0042]); and a controller (figure 1, PC 101) configured to perform: obtaining identification information ([0025]-[0029], the URL includes model information of the printer) related to a target product before installing a setting program used to set the target product ([0033], [0034]); storing the obtained identification information in the memory (figure 2 step 63, [0038] model information 812, [0040], [0042]); installing the setting program in the terminal device ([0034]); starting the setting program installed in the terminal device ([0040]); providing the identification information stored in the memory to the setting program (figure 2 step 63 store model, [0038], [0040], [0042], using/lookup model information for search and selection of printers) after starting the setting program ([0040]-[0042]); causing the display to display a setting screen associated with the identification information, the setting screen presenting a setting operation to set the target product, the setting operation indicating one or both of an operation of the target product and an operation of the terminal device ([0041]); and setting the target product based on the setting operation ([0041]). For claim 3. The terminal device according to claim 1, BAN discloses wherein the setting program is configured to cause the terminal device to perform: displaying a selection screen for selecting a type of a product on the display; and displaying the setting screen associated with the selected type after displaying the selection screen on the display, and wherein the setting program is configured to cause the terminal device to perform displaying the setting screen associated with the identification information on the display without displaying the selection screen in a case where the identification information is provided to the setting program ([0041], [0045], [0052]). For claim 4. The terminal device according to claim 3, BAN discloses wherein the setting program is configured to cause the terminal device to perform displaying the selection screen on the display in a case where the identification information is not provided to the setting program ([0041], [0042], [0045], [0052]). For claim 5. The terminal device according to claim 1, BAN discloses wherein the setting program is configured to cause the terminal device to perform: displaying a first type setting screen in a case where the identification information indicates a first type product; and displaying a second type setting screen in a case where the identification information indicates a second type product ([0025]-[0029], [0041]). For claim 6. The terminal device according to claim 1, BAN discloses wherein the controller is configured to perform: obtaining link information indicating an address of a web page, the link information including the identification information, the web page including an item indicating installation of the setting program, wherein the terminal device further comprises a browser used to display the web page indicated by the link information on the display ([0019], [0033]), wherein the controller is further configured to perform: installing the setting program in the terminal device according to an installation instruction by a user, the installation instruction including an operation of the item included in the web page displayed on the display ([0034]); providing the link information including the identification information to the setting program ([0038]); and causing the terminal device to perform a function of obtaining the identification information from the link information ([0062] from QR Code). For claim 7. The terminal device according to claim 6, BAN discloses wherein the link information is a Uniform Resource Locator, and wherein the link information includes location information indicating location of the web page on a network and a query including the identification information ([0025]-[0029], [0062]). For claim 8. The terminal device according to claim 1, BAN discloses further including a photographing unit, wherein the controller is further configured to perform obtaining the identification information by analyzing a captured image generated by capturing a code image by the photographing unit ([0062]). 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 (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 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. 8. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 9. Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAN (US 20190303122 A1) in view of LI (US 20170344321 A1). For claim 2. The terminal device according to claim 1, BAN fails to mention wherein the controller is further configured to perform: determining whether the setting program has been installed in the terminal device; and installing the setting program in the terminal device in response to determining that the setting program has not been installed in the terminal device. This teaching is disclosed by LI ([0025], [0053], [0064], [0072]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selection techniques taught by LI into the art of BAN as to improve assurance and avoid duplicate download. For claim 10. BAN discloses A non-transitory computer-readable recording medium for a terminal device including a display ([0017]), a memory ([0038], [0042]) and a controller (figure 1, PC 101), the non-transitory computer-readable recording medium containing computer-executable instructions realizing a setting program of the terminal device, wherein the setting program is configured to be installed in the terminal device according to an installation instruction by a user ([0023], [0024], [0033]), the web page being indicated by link information including identification information related to a target product ([0025]-[0029], the URL includes model information of the printer), and the identification information being stored in the memory of the terminal device (figure 2 step 63, [0038] model information 812, [0040], [0042]); wherein the setting program is configured to, when executed by the controller, cause the terminal device to perform: obtaining, by the setting program, the identification information stored in the memory in response to and after starting the setting program after installation of the setting program ([0038], [0040]-[0042], using/lookup model information for search and selection of printers); and causing the display to display a setting screen associated with the identification information, the setting screen presenting a setting operation to set the target product, the setting operation including one or both of an operation of the target product and an operation of the terminal device ([0041]). BAN fails to mention the installation instruction including an operation of an item included in a web page displayed on the display. This teaching is disclosed by LI ([0071]: The user may download the imaging app by clicking the “Download” link/button in the web page corresponding to the URL). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selection techniques taught by LI into the art of BAN as to provide the user better controllability. 10. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAN (US 20190303122 A1) in view of Shibata (US 20190306707 A1). For claim 9. The terminal device according to claim 1, BAN fails to mention wherein the setting screen presents the setting operation to connect the target product with an access point in a wireless network. This teaching is disclosed by Shibata ([0018], [0056], [0082]: As a result, the Wi-Fi connection is established between the printer 100 and the AP 6; figure 3, step T136). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selection techniques taught by Shibata into the art of BAN as to extend range and seamlessly transfer data via access point. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any response to this Office Action should be faxed to (571) 273-8300, submitted online via the USPTO's Electronic Filing System-Web (EFS-Web) (Registered eFilers only, Registered users of the USPTO's EFS-Web system may submit a response electronically through EFS-Web at https://efs.uspto.gov/TruePassSample/AuthenticateUserLocalEPF.html), or mailed to: Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rui Meng Hu whose telephone number is 571-270-1105, email is ruimeng.hu@uspto.gov. The examiner can normally be reached on Monday - Friday, 8:00 a.m. - 5:00 p.m., EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached on (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Rui Meng Hu/ R.H./rh September 21, 2026 /JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Mar 29, 2024
Application Filed
Mar 23, 2026
Non-Final Rejection mailed — §102, §103
Jun 23, 2026
Response Filed
Sep 24, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
92%
With Interview (+24.9%)
3y 4m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 614 resolved cases by this examiner. Grant probability derived from career allowance rate.

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