DETAILED ACTION
This communication is response to the application filed 06/26/2024. Claims 1-20 are pending and presented for examination.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first control unit”, “switching control unit”, and “second control unit” in claim 1; “stop unit” and “restarting unit” in claim 11; “printing unit” and “scanning unit” in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Regarding claims 1-19, the claim limitations “first control unit”, “switching control unit”, and “second control unit” in claim 1; “stop unit” and “restarting unit” in claim 11; invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.S. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. The specification fails to disclose the specific algorithm to perform the above functions and a general purpose computer or microprocessor programmed with the algorithm. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be a means (or step) plus function limitation under 35 USC § 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant is required to clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
For more information, see Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Allowable Subject Matter
Claim 20 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9,433,003 to Wietfeldt et al. discloses a method of wireless communication includes identifying a first radio operating in a first mode and a second radio operating in a second mode defined within one device. The first radio and the second radio operate on a same radio access technology (RAT) and also operate on a same band. The mobile device 1307 may also include a host/application processor module 1302, a coexistence manager 1304, a connectivity engine (CnE) 1303, a coexistence manager interface 1305, and a second radio 1314, such as a single WLAN radio. The second radio 1314 may concurrently operate in an access point mode on first channel and a station mode on a second channel, or on the same channel.
US 12,207,297 to Alanen et al. discloses an apparatus of a first wireless network comprises: operating the apparatus on at least a first channel and a second channel of the first wireless network; while performing said operating in a first operating mode to transmit a first data frame to a receiver apparatus of the first wireless network, contending simultaneously on both the first channel and the second channel and transmitting the first data frame on the one of the first channel and second channel where said contending is first successful; switching from the first operating mode to a second operating mode; while operating in the second operating mode to transmit a second data frame to the receiver apparatus, contending simultaneously on both the first channel and the second channel and transmitting the second data frame to the receiver apparatus according to the following conditions: in response to successful contention on the first channel before successful contention on the second channel, transmitting the second data frame to the receiver apparatus on the first channel; and in response to successful contention on the second channel before successful contention on the first channel, transmitting the second data frame on the second channel if the contention becomes successful also on the first channel or if the first channel is reserved to an apparatus of a second wireless network different from the first wireless network while the second data frame is transmitted.
US 9,002,315 to Song et al. discloses modifying a configuration parameter of a user equipment (UE), wherein the configuration parameter is related to at least one of: network selection, cell selection or reselection or service selection within a wireless communication system, and wherein a modified configuration parameter results in a preference by the UE for a network, cell or service configured to support emergency calls at the UE. The method can also include prioritizing circuit-switched services over packet-switched services, utilizing the circuit-switched voice service preferentially or exclusively and/or prioritizing a network configured to offer emergency call service over the original serving network of the UE, based, at least, on the modifying the configuration parameter. Modifying the configuration parameter can be performed autonomously by the UE.
US 2015/0103744 to SUN et al. discloses mode switching method and apparatus. According to the mode switching method and apparatus provided in the embodiments of the present invention, when a UE is in a first network mode of a first communications mode and a first network does not support a first subsystem, and when the UE does not access a second network in the first communications mode, the UE enables a second communications mode, accesses the second network in the second communications mode, and establishes an attachment corresponding to a first service on the second network. In this way, when the first network cannot provide the first service, the UE can still access the first network in the first network mode of the first communications mode; in addition, the UE accesses the second network in the second network mode, so that the first service can be transferred to the second network for transmission; and another service except the first service can still be transmitted by using the first network, thereby ensuring a transmission rate of the another service after the UE switches a network mode, and improving user experience.
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/RASHEED GIDADO/ Primary Examiner, Art Unit 2464
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