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 .
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 11-16,18-20 of U.S. Patent No. 12,235,696. Although the claims at issue are not identical, they are not patentably distinct from each other because following observation is made:
Instant Application
Patent No. US 12,235,696
1. (Currently Amended) An imaging apparatus comprising: a control unit configured to establish communication with an information processing apparatus in a first wireless communication scheme, receive a first instruction from the information processing apparatus with the first wireless communication scheme, the first instruction instructing the control unit to change from a standby state to an active state, establish communication with a remote control device in a second wireless communication scheme that is different from the first wireless communication scheme, and transmit a through image to the remote control device.
2. (New) The imaging apparatus according to claim 1, wherein the first wireless communication scheme is Bluetooth (registered trademark), and the second wireless communication scheme is Wi-Fi (registered trademark).
3. (New) The imaging apparatus according to claim 1, wherein the control unit is further configured to transmit an identifier, and responsive to transmitting the identifier, receive the first instruction from the information processing apparatus with the first wireless communication scheme.
4. (New) The imaging apparatus according to claim 1, wherein the control unit is further configured to receive a request regarding whether the control unit has previously established communication with the information processing apparatus in the first wireless communication scheme, and transmit a response indicating that the control unit has previously established communication with the information processing apparatus in the first wireless communication scheme.
5. (New) The imaging apparatus according to claim 1, wherein the first instruction instructs the control unit to continuously transmit through images to the remote control device.
6. (New) The imaging apparatus according to claim 1, wherein the remote control device is the information processing apparatus, and the control unit is further configured to receive a first indication of a first user operation to start recording of images, responsive to receiving the first indication of the first user operation, start the recording of the images, receive a second indication of a second user operation to end the recording of the images, and responsive to receiving the second indication of the second user operation, end the recording of the images.
7. (New) The imaging apparatus according to claim 1, further comprising: a display unit configured to display an operation screen and the through image.
8. (New) The imaging apparatus according to claim 1, wherein the remote control device is the information processing apparatus, and the control unit is further configured to receive an indication of a first user operation to turn OFF, and responsive to receiving the indication of the first user operation, initiate a power down sequence.
1. An information processing apparatus comprising: a control unit configured to detect an external apparatus in a first wireless communication scheme, and transmit a first instruction to the external apparatus with the first wireless communication scheme, the first instruction instructing the external apparatus to change from a standby state to an active state, establish communication with the information processing apparatus in a second wireless communication scheme that is different from the first wireless communication scheme, and transmit a through image to a remote control device.
2. The information processing apparatus according to claim 1, wherein the first wireless communication scheme is Bluetooth (registered trademark), and the second wireless communication scheme is Wi-Fi (registered trademark).
3. The information processing apparatus according to claim 1, wherein the control unit is further configured to receive an identifier of the external apparatus that is detected, determine whether the external apparatus is an authenticated external apparatus based on the identifier, and in a case where the external apparatus is the authenticated external apparatus, transmit the first instruction to the external apparatus with the first wireless communication scheme.
4. The information processing apparatus according to claim 1, wherein the control unit is further configured to responsive to detecting the external apparatus in the first wireless communication scheme, determine whether the external apparatus has previously established communication with the information processing apparatus in the first wireless communication scheme.
5. The information processing apparatus according to claim 1, wherein the first instruction instructs the external apparatus to continuously transmit through images to the remote control device.
6. The information processing apparatus according to claim 1, wherein the remote control device is the information processing apparatus, and the control unit is further configured to receive a first indication of a first user operation to start recording of images at the external apparatus, responsive to receiving the first indication of the first user operation, transmit a second instruction to the external apparatus that instructs the external apparatus to start the recording of the images at the external apparatus, receive a second indication of a second user operation to end the recording of the images at the external apparatus, and responsive to receiving the second indication of the second user operation, transmit a third instruction to the external apparatus that instructs the external apparatus to end the recording of the images at the external apparatus.
7. The information processing apparatus according to claim 6, wherein responsive to transmitting the second instruction to the external apparatus, the control unit is further configured to receive a third indication of a third user operation to turn OFF the information processing apparatus, and responsive to receiving the third indication of the third user operation, turn OFF the information processing apparatus based on the third user operation without transmitting any further instructions to the external apparatus.
9. (Currently Amended) A non-transitory computer-readable medium comprising instructions that, when executed by an electronic processor, cause the electronic processor to perform a set of operations comprising: establishing communication with an information processing apparatus in a first wireless communication scheme, receiving a first instruction from the information processing apparatus with the first wireless communication scheme, the first instruction instructing a control unit to change from a standby state to an active state, establishing communication with a remote control device in a second wireless communication scheme that is different from the first wireless communication scheme, and transmitting a through image to the remote control device.
10. (New) The non-transitory computer-readable medium according to claim 9, wherein the first wireless communication scheme is Bluetooth (registered trademark), and the second wireless communication scheme is Wi-Fi (registered trademark).
11. (New) The non-transitory computer-readable medium according to claim 9, wherein the set of operations further includes transmitting an identifier, and responsive to transmitting the identifier, receiving the first instruction from the information processing apparatus with the first wireless communication scheme.
12. (New) The non-transitory computer-readable medium according to claim 9, wherein the set of operations further includes receiving a request regarding whether the control unit has previously established communication with the information processing apparatus in the first wireless communication scheme; and transmitting a response indicating that the control unit has previously established communication with the information processing apparatus in the first wireless communication scheme.
13. (New) The non-transitory computer-readable medium according to claim 9, wherein the first instruction instructs a control unit to continuously transmit through images to the remote control device.
14. (New) The non-transitory computer-readable medium according to claim 9, wherein the remote control device is the information processing apparatus, and wherein the set of operations further includes receiving a first indication of a first user operation to start recording of images, responsive to receiving the first indication of the first user operation, starting the recording of the images, receiving a second indication of a second user operation to end the recording of the images, and responsive to receiving the second indication of the second user operation, ending the recording of the images.
15. (New) The non-transitory computer-readable medium according to claim 9, further comprising: controlling a display unit to display an operation screen and the through image.
16. (New) The non-transitory computer-readable medium according to claim 9, wherein the remote control device is the information processing apparatus, and wherein the set of operations further includes receiving an indication of a first user operation to turn OFF, and responsive to receiving the indication of the first user operation, controlling a control unit to initiate a power down sequence.
11. A non-transitory computer-readable medium comprising instructions that, when executed by an electronic processor, cause the electronic processor to perform a set of operations comprising: detecting an external apparatus in a first wireless communication scheme; and transmitting a first instruction to the external apparatus with the first wireless communication scheme, the first instruction instructing the external apparatus to change from a standby state to an active state, establish communication with an information processing apparatus in a second wireless communication scheme that is different from the first wireless communication scheme, and transmit a through image to a remote control device.
12. The non-transitory computer-readable medium according to claim 11, wherein the first wireless communication scheme is Bluetooth (registered trademark), and the second wireless communication scheme is Wi-Fi (registered trademark).
13. The non-transitory computer-readable medium according to claim 11, wherein the set of operations further includes receiving an identifier of the external apparatus that is detected; determining whether the external apparatus is an authenticated external apparatus based on the identifier; and in a case where the external apparatus is the authenticated external apparatus, transmitting the first instruction to the external apparatus with the first wireless communication scheme.
14. The non-transitory computer-readable medium according to claim 11, wherein the set of operations further includes responsive to detecting the external apparatus in the first wireless communication scheme, determining whether the external apparatus has previously established communication in the first wireless communication scheme.
15. The non-transitory computer-readable medium according to claim 11, wherein the first instruction instructs the external apparatus to continuously transmit through images to the remote control device.
16. The non-transitory computer-readable medium according to claim 11, wherein the set of operations further includes receiving a first indication of a first user operation to start recording of images at the external apparatus; responsive to receiving the first indication of the first user operation, transmitting a second instruction to the external apparatus that instructs the external apparatus to start the recording of the images at the external apparatus; receiving a second indication of a second user operation to end the recording of the images at the external apparatus; and responsive to receiving the second indication of the second user operation, transmitting a third instruction to the external apparatus that instructs the external apparatus to end the recording of the images at the external apparatus.
18. The non-transitory computer-readable medium according to claim 11, wherein the set of operations further includes receiving an indication of a first user operation to turn OFF the external apparatus; and responsive to receiving the indication of the first user operation, transmitting a second instruction to the external apparatus that instructs the external apparatus to turn OFF.
19. A system comprising: an external apparatus; and an information processing apparatus including a control unit configured to detect the external apparatus in a first wireless communication scheme, and transmit a first instruction to the external apparatus with the first wireless communication scheme, the first instruction instructing the external apparatus to change from a standby state to an active state, establish communication with the information processing apparatus in a second wireless communication scheme that is different from the first wireless communication scheme, and transmit a through image to a remote control device.
20. The system according to claim 19, wherein the external apparatus further includes a display unit, and the display unit is further configured to display a screen indicating a power source state, a communication state, and a remaining battery of the external apparatus.
19. A system comprising: an external apparatus; and an information processing apparatus including a control unit configured to detect the external apparatus in a first wireless communication scheme, and transmit a first instruction to the external apparatus with the first wireless communication scheme, the first instruction instructing the external apparatus to change from a standby state to an active state, establish communication with the information processing apparatus in a second wireless communication scheme that is different from the first wireless communication scheme, and transmit a through image to a remote control device.
20. The system according to claim 19, wherein the external apparatus further includes a display unit, and the display unit is further configured to display a screen indicating a power source state, a communication state, and a remaining battery of the external apparatus.
As demonstrated, the claims of Patent#12,235,696 and the instant application both recite the transmitting and receiving sides of the identical sequence of communication events: (1) discovery/pairing over a first wireless scheme, (2) an instruction to wake the imaging apparatus from standby to active, sent over that same first scheme, and (3) a second, different wireless scheme used to deliver a through image to a remote control device. Every structural and functional limitation of patent 12,235,696 is the direct correlative of a limitation of the instant application. Difference between the instant application and patent 12,235,696 is one performs the "transmit" step that the other performs as "receive," and vice versa. Claiming complementary roles in what is otherwise a single interaction is not, by itself, a patentable distinction; it is the same invention viewed from two vantage points.
Thus, it would have been obvious to one of ordinary skill in the art having the claims 1-7, 11-16,18-20 of U.S. Patent No. 12,235,696 to modify the claims to achieve the features of claims 1-20 of the instant application.
Conclusion
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/ZAHID CHOUDHURY/Primary Examiner, Art Unit 2175
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