Prosecution Insights
Last updated: April 19, 2026
Application No. 18/630,148

FUNCTION EXECUTING DEVICE, NON-TRANSITORY COMPUTER-READABLE RECORDING MEDIUM STORING COMPUTER-READABLE INSTRUCTIONS FOR FUNCTION EXECUTING DEVICE, AND METHOD FOR CONTROLLING FUNCTION EXECUTING DEVICE

Non-Final OA §102
Filed
Apr 09, 2024
Examiner
NGUYEN, ALLEN H
Art Unit
2683
Tech Center
2600 — Communications
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
471 granted / 558 resolved
+22.4% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
12 currently pending
Career history
570
Total Applications
across all art units

Statute-Specific Performance

§101
11.7%
-28.3% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 558 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 102 3. 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. 4. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 5. Claims 1-2, 5-9 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tanaka U.S. Patent Application No. 2015/0093992 (hereinafter Tanaka). Regarding claim 1, Tanaka discloses a function executing device (Multifunction peripheral ("MFP") 10, Figure 1) configured to execute a scan function (MFP 10 is a peripheral device that is capable of performing multiple functions; paragraphs 27, 40), the function executing device comprising: a scan engine (Scanning execution unit 18, Figure 1); and a controller (Controller 30, Figure 1), wherein the controller is configured to: receive a related instruction related to execution of a scan from an external device (CPU 32 receives SFL authentication information (e.g., a user ID and a password) from another device and determines whether the received SFL authentication information is listed on the SFL table 40; paragraph 32, Figures 1, 10); in a case where the related instruction is received from the external device via a first communication path for executing an encrypted communication, send an authentication information request to the external device (When the CPU 32 receives an execution request from the another device via the NFC I/F 20 in a state where the SFL setting information 38 indicates "OFF", the CPU 32 does not execute authentication; paragraph 32, Figures 1, 10); in response to the authentication information request being sent to the external device, receive specific authentication information from the external device via the first communication path (Hereinafter, the state where the SFL setting information 38 indicates "ON" is also referred as to "the SFL is "ON" and the state where the SFL setting information 38 indicates "OFF" is also referred to as "the SFL is "OFF"; paragraph 32, Figures 1, 10); and in a case where a user authentication according to the specific authentication information succeeds, execute a first scan process (SFL table 40 includes a plurality piece of combined information, each of which include, for example, a user ID (e.g., "U1"), a password (e.g., "P1"), availability information for printing function (e.g., "OK" or "NG"), and availability information for scanning function (e.g., "OK" or "NG") which are associated with each other; paragraph 33), wherein the first scan process comprises: causing the scan engine to scan a document (In a case where the execution instruction operation performed by the user of the mobile terminal PT1 is a scanning-execution request operation for requesting execution of scanning, the user of the mobile terminal PT1 is allowed to perform a scanning operation by operating the operation unit 12 of the MFP 10; paragraph 121, Figure 1); and sending scan data to the external device via the first communication path (CPU 32 of the MFP 10 determines that the scanning function is available to the user who is requesting the execution of the scanning function and thus performs the scanning function. The CPU 32 transmits scan data to the mobile terminal PT1 using the WFDNW (establish wireless connection); paragraph 122, Figure 4 and step S44 in figure 3), and in a case where the user authentication according to the specific authentication information fails, the first scan process is not executed (When the SFL table 40 does not include the combined information including "USER ID=U1" and "PASSWORD=P1", the CPU 32 of the MFP 10 determines that the authentication is failed (e.g., the CPU 32 makes a negative determination (e.g., NO) in step S38 in Figure 3 and paragraph 123)), wherein in a case where the related instruction is received from the external device via a second communication path for executing an unencrypted communication, the controller is configured not to send the authentication information request to the external device (MFP 10 performs wireless communication of target data (e.g., one of print data and scan data) with the mobile terminal PT1 using the WFDNW (e.g., via the wireless LAN I/F 22). When the authentication is failed (e.g., NO in step S38 in FIG. 3), the MFP 10 transmits an NG notification to the mobile terminal PT1 using the R/W-CE communication link (e.g., step S46 in Figure 3); paragraph 125). Regarding claim 2, Tanaka discloses the function executing device as in claim 1, further comprising a memory configured to store a plurality of pieces of user authentication information corresponding to a plurality of individual users (CPU 32 prepares a wireless profile (e.g., an SSID, a password, an authentication method, and an encryption method) to be used in the WFDNW and stores the prepared wireless profile in the memory 34; paragraphs 132, 150, 163, Figure 1 indicating SFL table 40), wherein the controller is further configured to, in the case where the specific authentication information is received from the external device via the first communication path, execute the user authentication according to the specific authentication information and the plurality of pieces of user authentication information stored in the memory (CPU 32 determines whether at least one of the plurality of pieces of combined information include "H/O=OK" with reference to the SFL table 40; paragraph 163, Figure 8). Regarding claim 5, Tanaka discloses the function executing device as in claim 1, wherein even if the related instruction is received from a different external device via the first communication path during a period from when the related instruction is received from the external device via the first communication path until when the scan data is sent to the external device via the first communication path, the controller is configured not to send the authentication information request to the different external device (CPU 32 transmits a Response signal to the target terminal using the P2P communication link. The Response signal includes information indicating that the CPU 32 cannot execute user ID authentication (hereinafter, referred to as "NG information") because no user ID is included in the execution request received in step S10 in Figure 2 and paragraph 76). Regarding claim 6, Tanaka discloses the function executing device as in claim 1, wherein the related instruction is a connection instruction for instructing the function executing device to establish a communication session between the function executing device and the external device (Notifying the target terminal to establish wireless connection with the MFP 10 using the SSID and password written in the NFC I/F of the target terminal; paragraph 84, Figure 2), the controller is further configured to receive a scan executing instruction from the external device by using the communication session (CPU 32 of the MFP 10 determines that the scanning function is available to the user who is requesting the execution of the scanning function and thus performs the scanning function; paragraph 122), wherein in a case where the scan executing instruction is received from the external device via the first communication path, the controller is configured to send the authentication information request to the external device (The CPU 32 transmits scan data to the mobile terminal PT1 using the WFDNW; paragraph 122), and in a case where the connection instruction is received from the external device via the second communication path, the controller is further configured to send an error signal to the external device without sending the authentication information request to the external device (When the SFL table 40 does not include the combined information including "USER ID=U1" and "PASSWORD=P1", the CPU 32 of the MFP 10 determines that the authentication is failed (e.g., the CPU 32 makes a negative determination (e.g., NO) in step S38 in FIG. 3). In this case, the CPU 32 transmits a predetermined NG notification to the target terminal using the MFP 10 (R/W)-target terminal (CE) communication link; paragraph 123). Regarding claim 7, Tanaka discloses the function executing device as in claim 6, wherein the controller is further configured to receive a capability information request from the external device by using the communication session after the communication session has been established and before the scan executing instruction is received, wherein the capability information request is a signal for requesting capability information indicating capability of the function executing device to be sent (MFP 10 executes authentication using the received user ID and password (e.g., step S38 in FIG. 3). That is, the MFP 10 determines whether the combined information including the received user ID and password is included in the SFL table 40 (see FIG. 1). When the authentication is successful (e.g., YES in step S38 in FIG. 3), the MFP 10 changes its operating status to the G/O status (e.g., step S40 in FIG. 3) and transmits, to the mobile terminal PT1, using the R/W-CE communication link; paragraph 125, Figures 2-3). Regarding claim 8, claim 8 is directed to a non-transitory computer-readable recording medium, and recites identical features as claim 1. Thus, claim 8 is rejected for the same reasons discussed in claim 1 above. Regarding claim 9, claim 9 is the method claim of device claim 1. Therefore, method claim 9 is rejected for the reason given in device claim 1. Allowable Subject Matter 6. Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Information Disclosure Statement 7. The information disclosure statement (IDS) submitted on 04/09/2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner. Conclusion 8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN H NGUYEN whose telephone number is (571)270-1229. The examiner can normally be reached M-F 7 am-4 pm. 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, ABDERRAHIM MEROUAN can be reached at (571) 270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALLEN H NGUYEN/Primary Examiner, Art Unit 2683
Read full office action

Prosecution Timeline

Apr 09, 2024
Application Filed
Feb 07, 2026
Non-Final Rejection — §102 (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

1-2
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+12.8%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 558 resolved cases by this examiner. Grant probability derived from career allow rate.

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