Prosecution Insights
Last updated: August 17, 2026
Application No. 19/218,818

COMMUNICATION APPARATUS AND CONTROL METHOD

Non-Final OA §102§103
Filed
May 27, 2025
Priority
Dec 02, 2022 — JP 2022-193607 +1 more
Examiner
ALAM, MUSHFIKH I
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
2y 9m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
300 granted / 516 resolved
-1.9% vs TC avg
Strong +38% interview lift
Without
With
+38.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 12m
Avg Prosecution
28 currently pending
Career history
549
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
71.7%
+31.7% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 516 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-15 are pending. 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 . 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) 1-3, 14-15 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Wada (US 2022/0300554). Claim 1, Wada teaches A communication apparatus comprising: a connection unit that connects with an external apparatus (2) so as to be capable of communication (i.e. perform communication) (fig. 1; p. 0086-0089); and a control unit that establishes a plurality of data transfer paths (i.e. FTP, short-range, etc) with the external apparatus (2) with which a connection has been established by the connection unit, selects a data transfer path on which transfer is performed (i.e. FTP), for each image file (i.e. image files) from among the plurality of data transfer paths, and transfers the image file, wherein the control unit selects a data transfer path on which transfer of a file is possible from among the plurality of data transfer paths (i.e. transfer to FTP server) (p. 0090-0092), and in a case of transferring an audio file attached to the image file (i.e. voice memo), selects a data transfer path on which transfer of the image file to which the audio file is attached has been performed (i.e. FTP) (i.e. transmitted as a pair) (p. 0095-0101). Claim 2, Wada teaches The communication apparatus according to claim 1, wherein the control unit determines whether an audio file is attached to an image file (i.e. voice mem) to be transferred to the external apparatus (i.e. voice memo associated to PF to be transferred to FTP server) (p. 0095-0101), and in a case of transferring an image file to which the audio file is attached, selects a data transfer path on which transfer of a file is possible from among the plurality of data transfer paths and transfers the image file (i.e. PF and AF transferred via FTP) (p. 0095-0101). Claim 3, Wada teaches The communication apparatus according to claim 1, further comprising: a selection unit that selects an image file to be transferred to the external apparatus from among a plurality of image files (i.e. user selecting files for upload) (fig. 6; p. 0208-0211). Claim 14 is analyzed and interpreted as a method of claim 1. Claim 15 recites “A non-transitory computer-readable storage medium storing a program for causing a computer to function as a communication apparatus” to perform the steps of claim 1. Wada inherently teaches “A non-transitory computer-readable storage medium storing a program for causing a computer to function as a communication apparatus” to perform the steps of claim 1. Claim Rejections - 35 USC § 103 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 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. Claim(s) 4-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada (US 2022/0300554) in view of Torikai et al. (US 2016/0198210). Claim 4, Wada is silent regarding The communication apparatus according to claim 3, wherein the control unit rearranges the image file selected by the selection unit and an audio file attached to the image file in order of transfer to the external apparatus and registers the image file and the audio file in a transfer list, and in a case where transfer of a file registered in the transfer list has been completed, deletes the file for which transfer has been completed from the transfer list. Torikai teaches The communication apparatus according to claim 3, wherein the control unit rearranges the image file selected by the selection unit (i.e. adding files to upload list) and an audio file attached to the image file (i.e. sound as unobtained data) in order of transfer to the external apparatus (i.e. CPU) and registers the image file and the audio file in a transfer list (fig. 18; p. 0099, 0233-0240), and in a case where transfer of a file registered in the transfer list has been completed, deletes the file for which transfer has been completed from the transfer list (fig. 16; p. 0216). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided arrangement of files as taught by Torikai to the system of Wada to provide uploading efficiency (p. 0233-0240). Claim 5, Wada teaches The communication apparatus according to claim 4, wherein the control unit performs rearrangement such that the audio file attached to the image file is transferred later than the image file to which the audio file is attached (i.e. image then audio is transferred sequentially) (fig. 21; p. 0278). Claim 6, Wada is silent regarding The communication apparatus according to claim 1, wherein the control unit in a case where after transferring the image file to which the audio file is attached, there is no data transfer path on which transfer of a file is possible among the plurality of data transfer paths, registers in a transfer pending list a file to be transferred next to the external apparatus on the same data transfer path, and in a case where transfer of a file registered in the transfer pending list has been completed, deletes the file for which transfer has been completed from the transfer pending list. Torikari teaches The communication apparatus according to claim 1, wherein the control unit in a case where after transferring the image file to which the audio file is attached, there is no data transfer path on which transfer of a file is possible among the plurality of data transfer paths (i.e. untransmitted state), registers in a transfer pending list a file to be transferred next to the external apparatus on the same data transfer path (i.e. upload list) (fig. 18; p. 0099, 0233-0240), and in a case where transfer of a file registered in the transfer pending list has been completed, deletes the file for which transfer has been completed from the transfer pending list (fig. 16; p. 0216). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided arrangement of files as taught by Torikai to the system of Wada to provide uploading efficiency (p. 0233-0240). Claim 7, Wada teaches The communication apparatus according to claim 6, wherein the control unit registers in the transfer pending list an audio file to be transferred next to the external apparatus on the same data transfer path (i.e. image then audio is transferred sequentially) (fig. 21; p. 0278), in a case where transfer of a file has become possible on the same data transfer path (i.e. FTP), transfer the audio file registered in the transfer pending list (i.e. image then audio is transferred sequentially) (fig. 21; p. 0278). Claim 8, Wada teaches The communication apparatus according to claim 4, wherein the plurality of image files include image files in different file formats, and the control unit transfers image files in different file formats to which the audio file is attached on the same data transfer path (i.e. image files can be any format, TIFF, GIF, etc.) (p. 0127). Claim 9, Wada teaches The communication apparatus according to claim 8, wherein after transferring the image files in different file formats, the control unit transfers the audio file list (i.e. image then audio is transferred sequentially) (fig. 21; p. 0278). Claim 10, Wada teaches The communication apparatus according to claim 9, wherein the different file formats include at least JPEG and RAW (i.e. JPEG) (p. 0127), and after transferring JPEG and RAW to the external apparatus in that order, the control unit transfer the audio file (i.e. image then audio is transferred sequentially) (fig. 21; p. 0127, 0278). Claim 11, Wada teaches The communication apparatus according to claim 8, wherein the control unit transfers the audio file on the same data transfer path (i.e. FTP) as an image file for which completion of transfer is last among the plurality of image files in different file formats to which the audio file is attached (i.e. any format can be recorded for image files and image files are transferred before audio files sequentially) ) (fig. 21; p. 0127, 0278). Claim 12, Wada teaches The communication apparatus according to claim 11, wherein the different file formats include at least JPEG and RAW (i.e. JPEG) (p. 0127), and the control unit transfers the audio file on the same data transfer path (i.e. FTP) as an image file for which completion of transfer is last among JPEG and RAW (i.e. image then audio is transferred sequentially) (fig. 21; p. 0127, 0278). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada (US 2022/0300554) in view of Braginsky et al. (US 2015/0199414). Claim 13, Wada teaches the specific feature of: “transfers the audio file on the same data transfer path as an image file for which transfer has been completed last” (i.e. image then audio is transferred sequentially over FTP) (fig. 21; p. 0127, 0278). Wada is silent regarding the specific feature of: “the control unit transfers a plurality of image files in different sizes to which the audio file is attached in order of the sizes”. Braginsky teaches The communication apparatus according to claim 1, wherein the control unit transfers a plurality of image files in different sizes to which the audio file is attached in order of the sizes (i.e. size priority) (p. 0005). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided priorities for transfer as taught by Braginsky to the system of Wada to provide a policy based transfer system (p. 0005). Conclusion Claims 1-15 are rejected. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190289166 A1 Harada; Sayaka – camera transfer image list US 20190014226 A1 OSUKA; KYOSUKE – unsent image list US 20140337928 A1 HIRAKATA; Satoru et al. – upload file list US 20130176256 A1 Hara; Kenichiroh – transfer order list US 20120188384 A1 MUKAI; TSUTOMU et al. – marking for completion of an upload list US 20090195662 A1 Hirose; Keiichi et al. – transfer list US 20060244847 A1 Nagaoka; Shiro et al. – change order of transfer list Inquiries Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSHFIKH I ALAM whose telephone number is (571)270-1710. The examiner can normally be reached 1:00PM-9:00PM. 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, Nasser Goodarzi can be reached at 571-272-4195. 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. MUSHFIKH I. ALAM Primary Examiner Art Unit 2426 /MUSHFIKH I ALAM/ Primary Examiner, Art Unit 2426 7/30/2026
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Prosecution Timeline

May 27, 2025
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (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

1-2
Expected OA Rounds
58%
Grant Probability
96%
With Interview (+38.1%)
3y 12m (~2y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 516 resolved cases by this examiner. Grant probability derived from career allowance rate.

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