Prosecution Insights
Last updated: May 29, 2026
Application No. 19/046,979

COMMUNICATION APPARATUS, CONTROL METHOD THEREFOR, AND STORAGE MEDIUM

Final Rejection §102§112
Filed
Feb 06, 2025
Priority
Feb 19, 2024 — JP 2024-023038
Examiner
WILSON, KIMBERLY LOVEL
Art Unit
2165
Tech Center
2100 — Computer Architecture & Software
Assignee
Canon Kabushiki Kaisha
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
390 granted / 551 resolved
+15.8% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
10 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
80.6%
+40.6% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 551 resolved cases

Office Action

§102 §112
DETAILED ACTION Response to Amendment This communication is in response to the Amendment filed 18 December 2025. Claims 1-10 are currently pending. In the Amendment filed 18 December 2025, claims 1, 9 and 10 are amended. This action is Final. 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 This Application claims priority to JP2024-023038 filed 19 February 2024. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4 February 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. It is noted that the Applicant failed to provide an English abstract for JP 2001177745 and JP 2012014655. The Examiner has provided an English abstract for both applications on the attached 892. Drawings The objections to the drawings are drawings are withdrawn as necessitated by filing of Replacement drawings for Fig 7D. Claim Objections Claims 1-10 are objected to because of the following informalities: Claim 1 recites the limitation "the multiple pieces of image data" in lines 20 and 22. There is insufficient antecedent basis for this limitation in the claim. It appears the limitation should recite “the plurality of image data files.” Independent claims 9 and 10 have the same deficiencies. The dependent claims incorporate the deficiencies of the independent claims and therefore are objected to on the same grounds. Appropriate correction is required. Claim Rejections - 35 USC § 112 The rejections of claims 1-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention are withdrawn as necessitated by amendment to the claims. 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 (i.e., changing from AIA to pre-AIA ) 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. Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the English translation of WO2023281928 to Asano et al (hereafter Asano). Referring to claim 9, Asano discloses a method of controlling a communication apparatus comprising: obtaining information of a plurality of image data files from a first external apparatus [camera device 100] storing the plurality of image data files using at least one of a plurality of storage mediums [when the camera device has a plurality of recording media 110] (see page 5, paragraph 16; page 6, paragraph 1 – The file transfer application communicates with the camera device using the communication service, and transfers the main data of each file stored in the camera device, information of a list of files, and file transfer information. Get file information.); performing display control to display at least a portion of the information of the plurality of image data files on a display device [mobile device] (see page 5, paragraph 21 – A UI screen 504 shown in Fig 6B is a list screen of files saved in the camera device 100 connected to the mobile device 200. A list screen 504 is displayed when the button 502 is tapped on the function selection screen 501.); selecting at least one image data file from the information of the plurality of image data files displayed on the display device (see page 6, paragraphs 1-9); obtaining an image data file selected by the selecting from the first external apparatus [camera] (see page 7, paragraph 13); and transferring the obtained image data file to a second external apparatus [server] different from the first external apparatus [camera] (see page 5, paragraph [0016]; page 7, paragraphs 6-14 – Also, using the communication service 311, the file stored in the recording medium 210 is read and transmitted to the server 300. A button 536 is a button for starting the process of transmitting a file from the mobile device 200 to the server 300. Files to be sent are all files displayed on the list screen 535.), wherein if the first external apparatus has recorded image data on only one storage medium, the display control until selects only one storage medium on which the multiple pieces of image data are recorded as the target for displaying information about the image data files (see page 6, paragraph 1; Fig 6B – The list screen 504 includes buttons 506 and 507 for selecting the recording medium 110 to refer to the file when the camera device 100 has a plurality of recording media 110. Therefore, the Examiner notes that the buttons to switch between the lists only exist if there are multiple mediums. If there is a single medium, then by default that list of image files would be displayed.); wherein if the first external apparatus has recorded the multiple pieces of image data on multiple storage media, the display control unit determines a storage medium on which information about the image data files is to be preferentially displayed on the display device based on whether the first external apparatus is a type that primarily captures still images or a type that primarily captures moving images (It is noted that this is a contingent limitation. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04). Allowable Subject Matter Claims 1-8 and 10 contain allowable subject matter. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is Asano, Kubo, Watanabe and Cok. Asano discloses a first obtaining unit configured to obtain information of a plurality of image data files from a first external apparatus [camera device 100] storing the plurality of image data files using at least one of a plurality of storage mediums [when the camera device has a plurality of recording media 110] (see page 5, paragraph 16; page 6, paragraph 1 – The file transfer application communicates with the camera device using the communication service, and transfers the main data of each file stored in the camera device, information of a list of files, and file transfer information. Get file information.); a display control unit configured to display at least a portion of the information of the plurality of image data files on a display device [mobile device] (see page 5, paragraph 21 – A UI screen 504 shown in Fig 6B is a list screen of files saved in the camera device 100 connected to the mobile device 200. A list screen 504 is displayed when the button 502 is tapped on the function selection screen 501.); a selecting unit configured to select at least one image data file from the information of the plurality of image data files displayed on the display device (see page 6, paragraphs 1-9); a second obtaining unit configured to obtain an image data file selected by the selecting unit from the first external apparatus [camera] (see page 7, paragraph 13); and a transferring unit configured to transfer the obtained image data file to a second external apparatus [server] different from the first external apparatus [camera] (see page 5, paragraph [0016]; page 7, paragraphs 6-14 – Also, using the communication service 311, the file stored in the recording medium 210 is read and transmitted to the server 300. A button 536 is a button for starting the process of transmitting a file from the mobile device 200 to the server 300. Files to be sent are all files displayed on the list screen 535.), wherein if the first external apparatus has recorded image data on only one storage medium, the display control until selects only one storage medium on which the multiple pieces of image data are recorded as the target for displaying information about the image data files (see page 6, paragraph 1; Fig 6B – The list screen 504 includes buttons 506 and 507 for selecting the recording medium 110 to refer to the file when the camera device 100 has a plurality of recording media 110. Therefore, the Examiner notes that the buttons to switch between the lists only exist if there are multiple mediums. If there is a single medium, then by default that list of image files would be displayed.); wherein if the first external apparatus has recorded the multiple pieces of image data on multiple storage media, the display control unit determines a storage medium on which information about the image data files is to be preferentially displayed on the display device (see page 6, paragraph 1; Fig 6B – As indicated by button 506 in Fig 6B, the display control has decided to display SD B first.). Kubo teaches accessing memory cards based on priority (see [0053]), including the further limitation of on a basis of at least one of type information and model information of the first external apparatus (see [0057]-[0063] – It is noted that neither the specification nor the claim limit the term type information.). Kubo fails to teach that the priority of the memory cards is based on the type of the external apparatus. Watanabe teaches the use of a GUI to transfer files. Cok et al which teaches a distributed image acquisition and storage system. The prior art of record fails to teach the limitation found in independent claims 1 and 10 of “based on whether the first external apparatus is a type that primarily captures still images or a type that primarily captures moving images” in combination with other claimed limitations. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Response to Arguments With regards to the arguments concerning the prior art rejections, the Examiner agrees that the prior art of record fails to teach the newly added limitation of “based on whether the first external apparatus is a type that primarily captures still images or a type that primarily captures moving images”. Therefore, independent claims 1 and 10 have been indicated as containing allowable subject matter. It is noted that, as written, the newly added limitation is considered to be part of a contingent limitation in method claim 9. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. See MPEP 2111.04 Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY LOVEL WILSON whose telephone number is (571)272-2750. The examiner can normally be reached 8-4:30. 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, Aleksandr Kerzhner can be reached at 571-270-1760. 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KIMBERLY L WILSON/Primary Examiner, Art Unit 2165
Read full office action

Prosecution Timeline

Feb 06, 2025
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102, §112
Dec 18, 2025
Response Filed
Apr 01, 2026
Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
88%
With Interview (+17.4%)
3y 11m (~2y 7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 551 resolved cases by this examiner. Grant probability derived from career allowance rate.

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