Prosecution Insights
Last updated: August 17, 2026
Application No. 18/969,705

FILE TRANSMISSION/RECEPTION DEVICE AND CONTROL METHOD OF FILE TRANSMISSION/RECEPTION DEVICE

Non-Final OA §DP
Filed
Dec 05, 2024
Priority
Mar 13, 2014 — JP 2014-050845 +8 more
Examiner
ALAM, FAYYAZ
Art Unit
Tech Center
Assignee
KIOXIA Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
854 granted / 1024 resolved
+23.4% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
16 currently pending
Career history
1033
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
13.8%
-26.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1024 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Applicant’s claim for domestic benefit under 35 U.S.C. 119(e) is acknowledged. Information Disclosure Statement The information disclosure statement submitted has been considered by the Examiner and made of record in the application file. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 9859954, 10187118, 10454531, 10623059, 11309938, 11881910, 12199697, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at time before the effective filing date of the claimed subject matter to arrive at the more broadly claimed instant invention. See comparison table below. Instant Application Pat # 9859954 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A file transmission/reception device comprising: a processor configured to: cut off, if a conflict occurs in a connection at a second communication layer higher than a first communication layer with a first device, the connection at the second communication layer with the first device; Similar language. decide a mode of the file transmission/reception device when performing a re-connection at the second communication layer via the connection at the first communication layer with the first device as any one mode of a master mode or a slave mode; switch the file transmission/reception device to the decided mode; perform transmission, reception, or transmission/reception of a file with the first device and the file transmission/reception device in the decided mode; and decide the mode as the slave mode when the first device does not have a function for switching between the master mode and the slave mode based on specification information of the first device acquired via the connection at the first communication layer from the first device after occurrence of the conflict. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. Claims 2-17 Claims 2-20 are obvious over respective claims 2-17 of Patent # 9859954. Instant Application Pat # 10187118 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A control method of a file transmission/reception device, the method comprising: if in near field communication a conflict occurs in a connection at a second communication layer higher than a first communication layer with an opposing device, cutting off the connection at the second communication layer with the opposing device; Similar language. determining a mode of the file transmission/reception device when performing a re-connection at the second communication layer via the connection at the first communication layer with the opposing device as any one mode of a master mode and a slave mode; switching the file transmission/reception device to the decided mode; and performing transmission, reception, or transmission/reception of a file with the opposing device and the file transmission/reception device in the decided mode; wherein the determining includes: checking whether the opposing device is compliant with a bidirectional communication operation, if the opposing device is compliant with the bidirectional communication operation, deciding the mode such that the file transmission/reception device performs a bidirectional communication process, if the opposing device is not compliant with the bidirectional communication operation, deciding the mode such that the file transmission/reception device performs a unidirectional communication process. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. Claims 2-17 Claims 2-20 are obvious over respective claims 2-17 of Patent # 10187118. Instant Application Pat # 10454531 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A file transmission/reception device comprising: a communication direction managing unit that, in near field communication, cuts off a connection with a first device in a case that a conflict occurs with the first device, and, after being reconnected to the first device, switches the file transmission/reception device to any one mode of a master mode or a slave mode; an application unit that performs transmission, reception, or transmission/reception of a file between the first device and the file transmission/reception device in the master mode or the slave mode in accordance with a mode specified by the communication direction managing unit, wherein the file transmission/reception device is connectable to a host device and is configured to communicate with the first device including a connection partner managing table and a transmission list table, the file transmission/reception device further comprising: a host device I/F that is connectable to the host device; and Similar recitation. Obvious over claims 2-20. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. a transmission condition information managing unit that acquires information of the host device through the host device I/F and stores the acquired information as a transmission condition information, wherein when a connection between the first device and the file transmission/reception device is established, the transmission condition information of the host device in the transmission condition information managing unit is sent to the first device upon a request from the first device, and if the acquired information of the host device is included in the connection partner managing table, the transmission condition information managing unit transmits files designated by the transmission list table to the host device. Similar recitation. Obvious over claims 2-20. Claims 2-20 are obvious over respective claims 2-20 of Patent # 10454531. Instant Application Pat # 10623059 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A SD card which is connectable to a host device and is able to communicate with a first device having a connection partner managing table and a transmission list table, comprising: Similar language. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. a host device I/F that is connectable to the host device; and a transmission condition information managing unit that acquires information of the host device through the host device I/F and stores the acquired information as a transmission condition information, wherein when a connection between the first device and the SD card is established, the transmission condition information of the host device in the transmission condition information managing unit is sent to the first device upon a request from the first device, and if the acquired information of the host device is included in the connection partner managing table, the transmission condition information managing unit transmits files designated by the transmission list table to the host device. Claims 2-17 Claims 2-20 are obvious over respective claims 2-20 of Patent # 10623059. Instant Application Pat # 11309938 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A control method of a file transmission/reception device connectable to a host device and configured to communicate with a first device including a table, the file transmission/reception device including a host device I/F and a transmission condition information managing unit, the host device I/F being connectable to the host device, the transmission condition information managing unit acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information, the method comprising: Similar language. cutting off a connection with a first device in a case that a conflict occurs with the first device; determining a mode of the file transmission/reception device as any one mode of a master mode or a slave mode when being reconnected to the first device; switching the file transmission/reception device to any one mode of the master mode or the slave mode after being reconnected to the first device; performing transmission, reception, or transmission/reception of a file between the first device and the file transmission/reception device in the master mode or the slave mode in accordance with the determined mode, wherein when a connection between the first device and the file transmission/reception device is established, sending the transmission condition information of the host device in the transmission condition information managing unit to the first device upon a request from the first device, and transmitting files designated by the table to the host device. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. Claims 2-17 Claims 2-20 are obvious over respective claims 2-22 of Patent # 11309938. Instant Application Pat # 11881910 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A file transmission/reception device comprising: a processor configured to: cut off, if a conflict occurs in a connection at a second communication layer higher than a first communication layer with a first device, the connection at the second communication layer with the first device; Similar language. Obvious over claims 2-13. decide a mode of the file transmission/reception device when performing a re-connection at the second communication layer via the connection at the first communication layer with the first device as any one mode of a master mode or a slave mode; switch the file transmission/reception device to the decided mode; perform transmission, reception, or transmission/reception of a file with the first device and the file transmission/reception device in the decided mode; and decide the mode as the slave mode when the first device does not have a function for switching between the master mode and the slave mode based on specification information of the first device acquired via the connection at the first communication layer from the first device after occurrence of the conflict. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. Claims 2-13 Claims 2-20 are obvious over respective claims 2-13 of Patent # 11881910. Instant Application Pat # 11881910 Comments 1: A control method of a SD card, the method comprising: connecting to a host device through a host device I/F and communicating with a first device having a connection partner managing table and a transmission list table; 1. A method of controlling a file transmission/reception device, the method comprising: Similar language. Obvious over claims 2-13. cutting off, if a conflict occurs in a connection at a second communication layer higher than a first communication layer with a first device, the connection at the second communication layer with the first device; deciding a mode of the file transmission/reception device when performing a re-connection at the second communication layer via the connection at the first communication layer with the first device as any one mode of a master mode or a slave mode; switching the file transmission/reception device to the decided mode; performing transmission, reception, or transmission/reception of a file with the first device and the file transmission/reception device in the decided mode; and deciding the mode as the slave mode when the first device does not have a function for switching between the master mode and the slave mode based on specification information of the first device acquired via the connection at the first communication layer from the first device after occurrence of the conflict. acquiring information of the host device through the host device I/F and storing the acquired information as a transmission condition information; sending, when a connection between the first device and the SD card is established, the transmission condition information of the host device to the first device upon a request from the first device; transmitting, if the acquired information of the host device is included in the connection partner managing table, files designated by the transmission list table to the host device. Claims 2-13 Claims 2-20 are obvious over respective claims 2-13 of Patent # 12199697. Allowable Subject Matter Claims 1-20 would be allowable once the double patenting rejection has been overcome. Conclusion Any response to this Office Action should be faxed to (571) 273-8300 or mailed to: Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Hand-delivered responses should be brought to Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314 Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on (571) 270-3647. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free) or 703-305-3028. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600. Fayyaz Alam July 23, 2026 /FAYYAZ ALAM/ Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Dec 05, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12696202
RADIO FREQUENCY EXPOSURE EVALUATION PER SURFACE
2y 10m to grant Granted Jul 28, 2026
Patent 12696203
INFORMATION TRANSMISSION METHOD AND APPARATUS, AND COMMUNICATION DEVICE AND STORAGE MEDIUM
2y 7m to grant Granted Jul 28, 2026
Patent 12689872
ELECTRONIC DEVICE AND CONTROLLING METHOD OF ELECTRONIC DEVICE
3y 1m to grant Granted Jul 21, 2026
Patent 12689989
POWER CONTROL PARAMETER DETERMINING METHOD AND APPARATUS
2y 9m to grant Granted Jul 21, 2026
Patent 12689991
TECHNIQUES FOR POWER HEADROOM REPORTING FOR DYNAMIC WAVEFORM SWITCHING
2y 8m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
95%
With Interview (+11.2%)
2y 6m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1024 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month