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 .
Filed IDS of 04/25/2024 has been entered and considered.
Claims 1-20 are currently pending.
Please refer to the action below.
Examiner Notes
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. However, the claimed subject matter, not the specification, is the measure of the invention. (Emphasis Added), the claimed “predetermined condition” of independent claims 1 and 19-20 are read in the broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as in a case a Discovery Window elapsed operation time, an elapsed operation time, or a NAN device assigned preference role for one of the three roles of Master, Non-Master Sync, and Non-Master Non-Sync.
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
Claim 16 is objected to because of the following informalities: the claim recites “wherein the predetermined condition includes a condition that predetermined data is not received for a redetermined period” where the word “redetermined” should have been instead predetermined. Appropriate corrections are required.
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. 18/602125.
CO-PENDING APP. 18/602125, “2125”
INSTANT APP. 18/646488, “6488”
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.
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.
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.
Regarding Instant independent claims 1, and 19-20 corresponding respectively to at least claims 1, and 19-20 of the Co-Pending Application “2125”:
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. As claims 1, and 19-20 of “2125” encompasses all the teachings of the instant claims 1 and 19-20 except for citing “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” VERSUS “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”.
Thus, the invention of claims 1 and 19-20 of the reference application “2125” is in effect a “species” of the “generic” invention of the instant application claims 1 and 19-20, respectively. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since instant application claims 1 and 19-20 are at least anticipated and obvious by claims 1 and 19-20 of the reference application, respectively, they are not patentably distinct from claims 1 and 19-20 of the reference application.
As one skill in the art would further appreciate that known methods/systems may be employed to set, in the information processing apparatus, any setting among a plurality of setting including a first setting and a second setting, and causing 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 according to known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant dependent claims 2, 4, 6-7, and 9-20 are respectively encompassed by the co-pending claims 2, 12, 13, 17, 7-11, 14-16, and 18-20 of “2125”; similarly Instant dependent claim 5 is respectively encompassed by the co-pending claims 3 and 6 of “2125”; and Instant dependent claim 3 is respectively encompassed by the change unit of co-pending claim 1 of “2125”;
Remaining dependent claim 8 is rejected based upon the rejected based claim, as it fails to solve the above problem.
Accordingly, the claimed subject matter of this application as currently claimed is unpatentable under the provisions of the nonstatutory obviousness-type double patenting rejection. Therefore, those claims are rejected as best understood by examiner as indicated in this office action above.
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.
Independent claims 1, and 19-20 is/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 pre-AIA the applicant regards as the invention.
Claim 1 (being the representative claim) recites similar limitations to the respective independent claims 19-20, therefore discussion is omitted for brevity.
Independent claims 1, and 19-20 requires “information processing apparatus capable of executing communication by a Neighbor Awareness Network (NAN)…... controlling the information processing apparatus such that the information processing apparatus is more likely to operate as a Master in the NAN cluster”.
In relying on the claim’s languages, and that of the disclosure, the limitations of “in the NAN cluster” are unclear and further found ambiguous as it leaves the reader and/or one skill in the art in doubt as to the full scope of the invention and the meaning of the technical feature to which it refers, thereby rendering the definition of the subject-matter of said claim unclear. The claims in question have not previously defined the devices forming or joining any NAN clusters, as the currently claimed apparatus capable of executing communication by a Neighbor Awareness Network (NAN) as understood in the art does not have to necessarily have to be part or be aware of the claimed previously formed NAN cluster even of its capability of executing communication by a Neighbor Awareness Network (NAN); thereby rendering the limitations indefinite and unclear.
The inconsistency between the claims and the description leads to doubt concerning the matter for which protection is sought, thereby rendering the claims further unclear and indefinite. The inconsistency should be removed, either by amending the claims, or by deleting this subject-matter from the description by indicating in the description that the embodiments concerned do not form part of the invention but represent background art that is useful for understanding the invention. The claims as currently understood are rejected as being indefinite and unclear for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Applicant needs to positively recite the necessary elements, and novel subject matter to more effectively claim the subject matter which applicant regards as his invention.
Dependent claims 2-18 are further rejected, based on their dependence on the rejected base claims, as they failed to solve the above problems.
Examiner respectfully advises applicant to review all pending claims and to positively and particularly point out the claimed subject matter which the applicant regards as the invention, in order to expedite the precaution of the application and shorten the time of examining process.
Accordingly, the claimed subject matter of this application as currently claimed is unpatentable under the provisions of 35 U.S.C. 112, second paragraph. Therefore, the above claim is rejected under USC 112 second, as best understood by examiner as indicated in this office action above.
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 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.
(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.
Claims 1, and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being unpatentable over Fujimoro et al (US 20190132791, A1).
Regarding claim 1, Fujimoro teaches an information processing apparatus 106 of Figs. 1-8 capable of executing communication by a Neighbor Awareness Network (NAN),
the information processing apparatus 106 of Figs. 2-3 comprising: at least one memory 301 and at least one processor 202/302;
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 (control unit 302/202 of at least para. 0062-0074 is configured to set, in the information processing apparatus 106, any setting among a plurality of setting including a first setting of operating in a saved/low power saving single participation NAN mode and a second multiple NAN participation mode setting, both settings set on whether a priority is given to service search detection or to power saving mode);
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 (wherein the first setting of the single participation mode of further para. 0062-0074 is a setting for operating the information processing apparatus in a predetermined low power saving mode based on a fact that a predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 illustrating a predetermined assigned and set master preference rank value of 0 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 (wherein the second setting, of enabling the multiple NAN cluster participation mode of further para. 0062-0074, is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 is satisfied during or outside of the discovery window periods);
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 (the system of further para. 0062-0074 further configures to operate the information processing apparatus 106 in the predetermined power saving mode indicative of the single NAN cluster participation mode based on a fact that the predetermined condition at least cited in para. 0145 and 0149 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 (a further case exists in para. 0029-0035 where the NAN device is assigned a higher Master Rank preference value than the other Nan devices and is further operated in the multiple NAN cluster participation mode which subsequently results in the NAN device 106 executing said 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 multiple participation mode setting is set than a state in which the first setting is set).
Regarding claim 19, Fujimoro teaches at least in the Abstract and Figs 1-8 a control method for an information processing apparatus 106 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 (control unit 302/202 of at least para. 0062-0074 is configured to set, in the information processing apparatus 106, any setting among a plurality of setting including a first setting of operating in a saved/low power saving single participation NAN mode and a second multiple NAN participation mode setting, both settings set on whether a priority is given to service search detection or to power saving mode);
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 (wherein the first setting of the single participation mode of further para. 0062-0074 is a setting for operating the information processing apparatus in a predetermined low power saving mode based on a fact that a predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 illustrating a predetermined assigned and set master preference rank value of 0 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 (wherein the second setting, of enabling the multiple NAN cluster participation mode of further para. 0062-0074, is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 is satisfied during or outside of the discovery window periods);
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 (the system of further para. 0062-0074 further configures to operate the information processing apparatus 106 in the predetermined power saving mode indicative of the single NAN cluster participation mode based on a fact that the predetermined condition at least cited in para. 0145 and 0149 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 (a further case exists in para. 0029-0035 where the NAN device is assigned a higher Master Rank preference value than the other Nan devices and is further operated in the multiple NAN cluster participation mode which subsequently results in the NAN device 106 executing said 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 multiple participation mode setting is set than a state in which the first setting is set).
Regarding claim 20, Fujimoro teaches at least in para. 0154 a non-transitory computer-readable storage medium storing computer-executable instructions for causing a computer of an information processing apparatus of Figs. 1-8 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 (control unit 302/202 of at least para. 0062-0074 is configured to set, in the information processing apparatus 106, any setting among a plurality of setting including a first setting of operating in a saved/low power saving single participation NAN mode and a second multiple NAN participation mode setting, both settings set on whether a priority is given to service search detection or to power saving mode);
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 (wherein the first setting of the single participation mode of further para. 0062-0074 is a setting for operating the information processing apparatus in a predetermined low power saving mode based on a fact that a predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 illustrating a predetermined assigned and set master preference rank value of 0 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 (wherein the second setting, of enabling the multiple NAN cluster participation mode of further para. 0062-0074, is a setting for inhibiting the information processing apparatus from operating in the predetermined power saving mode even if the predetermined condition of para. 0029-0035, further supported by para. 0145 and 0149 is satisfied during or outside of the discovery window periods);
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 (the system of further para. 0062-0074 further configures to operate the information processing apparatus 106 in the predetermined power saving mode indicative of the single NAN cluster participation mode based on a fact that the predetermined condition at least cited in para. 0145 and 0149 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 (a further case exists in para. 0029-0035 where the NAN device is assigned a higher Master Rank preference value than the other Nan devices and is further operated in the multiple NAN cluster participation mode which subsequently results in the NAN device 106 executing said 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 multiple participation mode setting is set than a state in which the first setting is set).
Claims 1-4, 6-8, and 14-20 are further rejected under 35 U.S.C. 102 (a)(1) as being unpatentable over Ichihara et al (JP 2019161552, A1).
Regarding claim 1, Ichihara teaches an information processing apparatus 100 of Fig. 1 capable of executing communication by a Neighbor Awareness Network (NAN) of at least the Abstract,
the information processing apparatus 100 comprising: at least one memory and at least one processor (cited invention of the disclosure cites a “present invention supplies a program that realizes one or more functions of the above-described embodiments to a system or apparatus via a network or a storage medium, and one or more processors in the computer of the system or apparatus read and execute the program This process can be realized”, said cited storage medium and the one or more processors comprises said claimed at least one memory and the 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 (control method of the Abstract and the disclosure further cites setting means to set via at least the setting screen 301/302, in the information processing apparatus 100, any setting of at least Fig. 3 among a plurality of setting including a first setting of selecting the power saving button 3011 and/or selecting NAN invalidate button 3019 as the first setting and a case of setting second setting by selecting the invalid power saving button 3012 and/or selecting NAN valid button 3018 as the 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 (wherein setting of the buttons 3011 and/or button 3019 causes said information processing apparatus for operating in a the first setting and in a predetermined power saving mode based on a fact that a predetermined lapsed condition illustrated by button 3013 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 (wherein enabling of the buttons 3012 and/or button 3018 invalidate and/or 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 (a further case exists if the buttons 3011 and/or 3019 are enabled, the system causes the information processing apparatus to operate in the predetermined power saving mode based on a further fact that the predetermined standby time condition illustrated in Fig. 3 is satisfied in a state in which the first setting buttons 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 (a further case exists in Figs. 3-4 where “the printing apparatus 200 does not transition to the power saving state when the NAN is enabled” further indicative of said executed predetermined processing that is processing of controlling said information processing apparatus such that the information processing apparatus is more likely to operate when the device assigned itself a Master role preference in the NAN cluster of the disclosure reciting “Each terminal in the NAN cluster 10 is responsible for one of the three roles of Master, Non-Master Sync, and Non-Master Non-Sync. Each role may be assigned by a plurality of terminals. Also, the roles assigned to each of the plurality of terminals may change dynamically”, further “since the printing apparatus 100 operates as a master node”, said information processing apparatus is obviously more likely to operate as a Master in the NAN cluster in a state in which the second NAN setting 3018 is validly set for the terminal than a state in which the first setting is set).
Regarding claim 2 (according to claim 1), Ichihara further teaches 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 (the system further configures as cited in the disclosure to receive an assigned predetermined value such as “Each terminal in the NAN cluster 10 is responsible for one of the three roles of Master, Non-Master Sync, and Non-Master Non-Sync. Each role may be assigned by a plurality of terminals. Also, the roles assigned to each of the plurality of terminals may change dynamically” defined by a NAN communication standard as said 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 (step 501 of the disclosure and Figs. 3-7 further cites a predetermined processing as a processing of controlling the predetermined value set in the information processing apparatus as the master node in the state in which the second valid NAN 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).
Regarding claim 3 (according to claim 1), Ichihara further teaches wherein the at least one memory and the at least one processor are further configured to execute change processing of changing a state of the information processing apparatus from a state in which the first setting is set to a state in which the second setting is set 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 set (Figs. 5 and Fig. 7 further supported by Fig. 3 teaches a means to execute change processing of changing a state of the information processing apparatus from an invalid NAN state in which the first setting is set to a Valid NAN state in which the second setting is set based on a fact that the information processing apparatus is determined to be operated as a Master S501, Fig. 5 in a NAN cluster in which the information processing apparatus participates in a state in which the first setting is set).
Regarding claim 4 (according to claim 1), Ichihara further teaches 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 (the NAN functions of further Figs. 3-7 may be invalidated or disabled by selecting button 3019 which would causes said information processing apparatus to change from a state in which the second valid setting is set to a state in which the first invalid 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).
Regarding claim 6 (according to claim 3), Ichihara further teaches 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 (a device of the disclosure may be assigned the role of other than the Master in the NAN cluster indicative of Non-Master wherein in such case obviously 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).
Regarding claim 7 (according to claim 1), Ichihara further teaches 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 (NAN devices of Figs. 1-7 are configured in the art to suppress its power consumption by not activating the receiving function of the communication unit outside the cited DW period, in the power saving mode when at the setting button 3011 is set).
Regarding claim 8 (according to claim 1), Ichihara further teaches wherein a state of the information processing apparatus is not changed from a state in which the first setting is set to a state in which the second setting is set even if the information processing apparatus is decided to operate as a Master in a NAN cluster in which the information processing apparatus is participated in a state in which the first setting is set (it is further understood at least in the disclosure and Figs. 1-7 in a case the device button 3119 is enabled in which the first setting is set, said apparatus’s state understoodly is not changed from a state in which the first setting is set to a state in which the second setting is set even if the information processing apparatus is decided to operate as a Master in a NAN cluster in which the information processing apparatus is participated in a state in which the first setting is set).
Regarding claim 14 (according to claim 1), Ichihara further teaches wherein the predetermined power saving mode is a mode for executing no communication based on a NAN (enabled buttons 3012/3019 comprises a predetermined power saving mode being a mode for executing no communication based on a NAN).
Regarding claim 15 (according to claim 1), Ichihara further teaches wherein 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 (a display of Fig. 3 or 7 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).
Regarding claim 16 (according to claim 1), Ichihara further teaches wherein the predetermined condition includes a condition that predetermined data is not received for a redetermined period (a condition set by button 3013 of Fig. 3 being predetermined condition including said condition that predetermined data is not received for a redetermined period).
Regarding claim 17 (according to claim 1), Ichihara further teaches wherein the information processing apparatus is a printer (apparatus 100 of Fig. 1).
Regarding claim 18 (according to claim 1), Ichihara further teaches wherein the information processing apparatus is a scanner (apparatus 100 of Fig. 1).
Regarding claim 19, Ichihara teaches at least in the Abstract a control method for an information processing apparatus 100 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 (control method of the Abstract and the disclosure further cites setting means to set via at least the setting screen 301/302, in the information processing apparatus 100, any setting of at least Fig. 3 among a plurality of setting including a first setting of selecting the power saving button 3011 and/or selecting NAN invalidate button 3019 as the first setting and a case of setting second setting by selecting the invalid power saving button 3012 and/or selecting NAN valid button 3018 as the 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 (wherein setting of the buttons 3011 and/or button 3019 causes said information processing apparatus for operating in a the first setting and in a predetermined power saving mode based on a fact that a predetermined lapsed condition illustrated by button 3013 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 (wherein enabling of the buttons 3012 and/or button 3018 invalidate and/or 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 (a further case exists if the buttons 3011 and/or 3019 are enabled, the system causes the information processing apparatus to operate in the predetermined power saving mode based on a further fact that the predetermined standby time condition illustrated in Fig. 3 is satisfied in a state in which the first setting buttons 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 (a further case exists in Figs. 3-4 where “the printing apparatus 200 does not transition to the power saving state when the NAN is enabled” further indicative of said executed predetermined processing that is processing of controlling said information processing apparatus such that the information processing apparatus is more likely to operate when the device assigned itself a Master role preference in the NAN cluster of the disclosure reciting “Each terminal in the NAN cluster 10 is responsible for one of the three roles of Master, Non-Master Sync, and Non-Master Non-Sync. Each role may be assigned by a plurality of terminals. Also, the roles assigned to each of the plurality of terminals may change dynamically”, further “since the printing apparatus 100 operates as a master node”, said information processing apparatus is obviously more likely to operate as a Master in the NAN cluster in a state in which the second NAN setting 3018 is validly set for the terminal than a state in which the first setting is set).
Regarding claim 20, Ichihara teaches 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) (cited invention of the disclosure cites a “present invention supplies a program that realizes one or more functions of the above-described embodiments to a system or apparatus via a network or a storage medium, and one or more processors in the computer of the system or apparatus read and execute the program This process can be realized”, comprising said computer-readable storage medium further configured as cited at least in the Abstract 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 (control method of the Abstract and the disclosure further cites setting means to set via at least the setting screen 301/302, in the information processing apparatus 100, any setting of at least Fig. 3 among a plurality of setting including a first setting of selecting the power saving button 3011 and/or selecting NAN invalidate button 3019 as the first setting and a case of setting second setting by selecting the invalid power saving button 3012 and/or selecting NAN valid button 3018 as the 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 (wherein setting of the buttons 3011 and/or button 3019 causes said information processing apparatus for operating in a the first setting and in a predetermined power saving mode based on a fact that a predetermined lapsed condition illustrated by button 3013 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 (wherein enabling of the buttons 3012 and/or button 3018 invalidate and/or 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 (a further case exists if the buttons 3011 and/or 3019 are enabled, the system causes the information processing apparatus to operate in the predetermined power saving mode based on a further fact that the predetermined standby time condition illustrated in Fig. 3 is satisfied in a state in which the first setting buttons 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 (a further case exists in Figs. 3-4 where “the printing apparatus 200 does not transition to the power saving state when the NAN is enabled” further indicative of said executed predetermined processing that is processing of controlling said information processing apparatus such that the information processing apparatus is more likely to operate when the device assigned itself a Master role preference in the NAN cluster of the disclosure reciting “Each terminal in the NAN cluster 10 is responsible for one of the three roles of Master, Non-Master Sync, and Non-Master Non-Sync. Each role may be assigned by a plurality of terminals. Also, the roles assigned to each of the plurality of terminals may change dynamically”, further “since the printing apparatus 100 operates as a master node”, said information processing apparatus is obviously more likely to operate as a Master in the NAN cluster in a state in which the second NAN setting 3018 is validly set for the terminal than a state in which the first setting is set).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable and obvious over Ichihara in view of Fujimoro.
Regarding claim 5 (according to claim 1), Ichihara is silent regarding 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.
Fujimoro teaches the participating NAN devices and 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. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ichihara in view of Fujimoro to include 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, as discussed above, as Ichihara in view of Fujimoro are in the same field of endeavor of employing methods and systems
for forming at least one NAN cluster for operating one or more information processing apparatus in a predetermined power saving mode and/or operate an apparatus as a Master in the NAN cluster if a predetermined condition is satisfied;
Fujimoro’s NAN participation device master preference setting value complements the NAN devices cluster formation of Ichihara in the sense that the set NAN participation master preference device when combined with the NAN devices cluster formation of Ichihara enables the system to realize a primary master NAN device more likely than not to operate as a Master in the NAN cluster according to a predetermined master rank value where in a case service search detection is the priority other a power saving mode to execute thereby said service searches inside or outside a service discovery seamlessly according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable and obvious over Ichihara in view of Fujisawa et al (US 2016/0337540, A1).
Regarding claim 9 (according to claim 1), Ichihara further teaches wherein the information processing apparatus operates in one of a plurality of modes including the predetermined power saving mode,
Ichihara is silent regarding the above lined-out items such as wherein the information processing apparatus operates in one of a plurality of modes including 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.
Fujisawa teaches at least in para. 0044-0045 and Figs. 10-12 a setting means to set through at least a setting screen one of a plurality of power saving modes wherein an apparatus of further para. 0044-0045 and Figs. 10-12 is configured to operate 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. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ichihara in view of Fujisawa to include wherein the information processing apparatus operates in one of a plurality of modes including 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, as discussed above, as Ichihara in view of Fujisawa are in the same field of endeavor of employing methods and systems for operating one or more information processing apparatus in one or more predetermined power saving mode and/or operate an apparatus in a normal operation if a predetermined condition is satisfied; Fujisawa’s plurality of power saving mode complements the NAN devices cluster formation of Ichihara in the sense that the s plurality of power saving mode when combined with the NAN devices cluster formation of Ichihara enables the system to realize one or more reduced power consumption mode in a case a predetermined condition is satisfied the device may transition in a case from a normal power mode having power consumption higher than the other power saving mode to the one or more power saving modes thereby reducing power consumption according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Conclusion
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/MARCELLUS J AUGUSTIN/Primary Examiner, Art Unit 2682 02/13/2026