CTNF 18/820,000 CTNF 87863 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Application, submitted on 08/29/2024, has been received, entered, and made of record. Currently, claims 19-36 remain pending in the application and claims 1-18 have been canceled. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 19-20, 22-23, 28-31, and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (US 2014/0179317 A1) in view of Abe (US 2016/0094726 A1) . Referring to claim 19 , Tanaka discloses a scanning apparatus (fig.1, MFP 10) that wirelessly communicates by using IEEE 802.11 series standard in a first frequency band which corresponds to 2.4GHz frequency band and a second frequency band which corresponds to 5GHz frequency band ([0032]) ( Note: the MFP 10 comprises a wireless LAN I/F 20 which supports both the 2.4 GHz frequency (first frequency band) and the 5.0 GHz frequency (second frequency band)), the scanning apparatus comprising: at least one processor (fig.1, controller 30) , wherein the at least one processor performs operations of: a first accepting unit configured to accept, from a user, a first operation for causing the scanning apparatus operate in a first mode for performing peer-to- peer communication (fig.2 and [0072]) (Note: the user operates the operating unit 12 of the MFP 10 to execute the WFD (WiFi direct) (peer-to- peer communication) connection instruction); a first establishing unit configured to establish, based on accepting the first operation, a first connection between the scanning apparatus operating in the first mode and an information processing apparatus (fig.1, portable terminal 50) without an external apparatus (fig.2 and [0073]-[0080]) ( Note: the MFP 10 and the portable terminal 50 can execute a wireless communication for the target data by using the WFD NW without passing via the AP 4A (external apparatus)), a second accepting unit configured to accept, from the user, a second operation for causing the scanning apparatus operate in a second mode for performing communication via the external apparatus (fig.2 and [0064]-[0068]) ( Note: the user of the MFP 10 operates the operating unit 12, executing the normal Wi-Fi connection instruction, and executes the predetermined instruction in the AP 4A. Thereby, by using the normal Wi-Fi MAC of the MFP 10, the controller 30 of the MFP 10 executes a wireless communication with the AP 4A of the data for connecting with the normal Wi-Fi method via the wireless LAN OF 20); a second establishing unit configured to establish, based on accepting the second operation, a second connection between the scanning apparatus operating in the second mode and the external apparatus (fig.2 and [0069]) ( Note: by using the normal Wi-Fi NW, the MFP 10 and the portable terminal 50 can execute a wireless communication for the target data via the AP 4A); a control unit (fig.1, CPU 32) configured to execute, based on accepting the second operation in a state in which the scanning apparatus is operating in the first mode, controlling the scanning apparatus such that the scanning apparatus does not operate in the first mode but operates in the second mode ([0033] and [0218]) ( Note: in case the WFD state information in the memory 34 indicates CL state, and the state information in the demanding command indicates CL state, the state judgment unit 42A judges that both the MFP 10 and the portable terminal 50 are in the CL and the selection unit 42 selects only the normal Wi-Fi NW); a scanning unit (fig.1, scan execution unit 18) configured to scan a document, and a transmitting unit configured to transmit image data generated by scanning the document to the information processing apparatus ([0143]) ( Note: the controller 30 activates a scan process thread by supplying a scan executing instruction to the scan execution unit 18. Thereby, the scan execution unit 18 executes a scan of a document, creating scan data and the communication execution unit 43 sends the scan data to the portable terminal 50); wherein, after the controlling is executed, the second connection is established, and after the second connection is established, the scanning apparatus does not resume operating in the first mode (fig.5 and [0150]-[0161]) ( Note: the MFP and the portable terminal maintain normal Wi-Fi connection after the connection is established without re-establishing WFD NW connection). Tanaka fails to disclose wherein the second connection using the second frequency band is established. However, in the same field of endeavor, Abe discloses wherein the second connection using the second frequency band is established ([0076]-[0078]) ( Note: the PC 80 and the MFP 10 can execute a wireless communication of an image file, scan data, etc. via the AP 200 by using the wireless NW (5.0 GHz)). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the scanning apparatus of Tanaka with the concept of Abe to obtain the claimed invention. The suggestion/motivation for doing so would have been to provide significantly faster data speeds, much lower latency, and fewer connection drops. Referring to claim to claim 20 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Tanaka discloses wherein the scanning apparatus does not use channels corresponding to the second frequency band in peer-to-peer communication ([0100]-[0101]) . Referring to claim 22 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Abe discloses wherein the scanning apparatus uses channels corresponding to the first frequency band in communication via the second connection and uses channels corresponding to the second frequency band in communication via the second connection ([0024]-[0025]) ( Note: the reference discloses in a wireless NW in which any of 1 to 13ch is used, a carrier wave having a frequency of 2.4 GHz is used, and in a wireless NW in which any of 36 to 1006 is used, a carrier wave having a frequency of 5.0 GHz is used). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the scanning apparatus of Tanaka with the concept of Abe to obtain the claimed invention. The suggestion/motivation for doing so would have been to maximize bandwidth and reduce interference. Referring to claim 23 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Abe further discloses the scanning apparatus according to wherein the at least one processor further performs an operation of: a receiving unit configured to, after the second operation is accepted, receive setting information, wherein the second connection is established based on the setting information (fig.6 and [0076]-[0078]) ( Note: the PC 80 supplies the wireless profile to the MFP 10, wherein the wireless profile is the same as the wireless profile in the setting storage area 128 (i.e., the SSID “YYY5GHz”, the authentication scheme “aaa”, the encryption scheme “xxx”, the password “ppp”)). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the scanning apparatus of Tanaka with the concept of Abe to obtain the claimed invention. The suggestion/motivation for doing so would have been to protect the communication. Referring to claim 28 , Tanaka in view of Abe discloses the scanning apparatus according to claim 23. Abe discloses the scanning apparatus according to wherein the setting information is received from the external apparatus or an apparatus that is different from the external apparatus ([0076]) ( Note: the wireless profile is received from the PC different from the AP). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention by the applicant to modify the scanning apparatus of Tanaka with the concept of Abe to obtain the claimed invention. The suggestion/motivation for doing so would have been to protect the communication. Referring to claim 29 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Tanaka further discloses the scanning apparatus according to wherein the second connection and a connection for the peer-to-peer communication between the scanning apparatus operating in the first mode and the information processing apparatus are established by using IEEE 802.11 series standard ([0044]-[0046] and [0057]) ( Note: As with the WFD method, the normal Wi-Fi method is a wireless communication system for executing a wireless communication according to IEEE standard 802.11 and standards conforming thereto (e.g., 802.11a, 11b, 11g, 11n, etc.)). Referring to claim 30 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Tanaka further discloses wherein WPS (Wi-Fi Protected Setup) or AOSS (AirStation One-Touch Secure System) is executed based on accepting the second operation (fig.2 and [0064]-[0068]) ( Note: The normal Wi-Fi WSI includes an SSID (an abbreviation of Service Set Identifier), a BSSID (an abbreviation of Basic Service Set Identifier), an authentication method, an encryption method, and a password (WPS (Wi-Fi Protected Setup)). Referring to claim 31 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Tanaka discloses wherein the scanning apparatus simultaneously operate in both the first mode and the second mode after the second connection using the first frequency band is established ([0030] and [0032]) ( Note: the controller 30 can simultaneously execute both a normal Wi-Fi communication using the normal Wi-Fi MAC, and a WFD communication using the WFD MAC (which can be done after a connection using the first frequency band is established)). Referring to claim 34 , Tanaka in view of Abe discloses the scanning apparatus according to claim 19. Tanaka further discloses the scanning apparatus according to wherein the at least one processor further performs operations of: a printer unit (fig.1, print execution unit 16) configured to perform printing on a recording medium using a recording agent ([0028] and [0143]) . Referring to claim 35 , Tanaka in view of Abe discloses the scanning apparatus according to claim 34. Tanaka further discloses wherein the recording agent is ink ([0028]) . Referring to claim 36 , the same ground of rejection provided for claim 19 is applicable herein . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 21, 24-7 and 32-33 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUSTAPHA DIABY whose telephone number is (571)270-1669. The examiner can normally be reached Monday-Friday: 9AM-6PM. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOUSTAPHA DIABY/ Primary Examiner, Art Unit 2683 Application/Control Number: 18/820,000 Page 2 Art Unit: 2683 Application/Control Number: 18/820,000 Page 3 Art Unit: 2683 Application/Control Number: 18/820,000 Page 4 Art Unit: 2683 Application/Control Number: 18/820,000 Page 5 Art Unit: 2683 Application/Control Number: 18/820,000 Page 6 Art Unit: 2683 Application/Control Number: 18/820,000 Page 7 Art Unit: 2683 Application/Control Number: 18/820,000 Page 8 Art Unit: 2683 Application/Control Number: 18/820,000 Page 9 Art Unit: 2683 Application/Control Number: 18/820,000 Page 10 Art Unit: 2683
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