Ex Parte Miller et alDownload PDFPatent Trial and Appeal BoardAug 30, 201613310239 (P.T.A.B. Aug. 30, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 13/310,239 12/02/2011 Howard A. Miller 63975 7590 08/31/2016 STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W. WASHINGTON, DC 20005 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 5607.1390000(Pl3059US1) 4036 EXAMINER GUILLERMETY, FRED ART UNIT PAPER NUMBER OPQA MAILDATE DELIVERY MODE 08/31/2016 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte HOWARD A. MILLER and MICHAEL R. SWEET Appeal2015-003233 Application 13/310,239 Technology Center 0000 Before NATHAN A. ENGELS, MATTHEW J. McNEILL, and SCOTT E. BAIN, Administrative Patent Judges. ENGELS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's Final Rejection of claims 1-21. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. Appeal2015-003233 Application 13/310,239 ILLUSTRATIVE CLAHv1 Claim 1, reproduced below with the disputed limitation in italics, is illustrative of the claimed subject matter: 1. A computer-implemented method for performing a print job, comprising: detecting a printer in proximity to a portable electronic device associated with the print job; establishing a peer-to-peer connection between the portable electronic device and the printer; using the peer-to-peer connection to obtain a set of printer attributes from the printer, the printer attributes comprising one or more capabilities of the printer for performing print jobs; and if the printer attributes match the print job: establishing a direct connection between the printer and the portable electronic device; and sending the print job to the printer over the direct connection, wherein the print job is executed using the printer. THE REJECTION Claims 1-21 stand rejected under 35 U.S.C. 103(a) as being unpatentable in view of Oshima et al. (US 2009/0036056 Al; Feb. 5, 2009) in view of Strittmatter et al. (US 7 ,272,407 B2; Sept. 18, 2007). ANALYSIS Appellants contend Oshima does not describe or suggest "using the peer-to-peer connection to obtain a set of printer attributes from the printer, the printer attributes comprising one or more capabilities of the printer for performing print jobs," as recited in independent claim 1 and similarly recited in independent claims 8 and 15. Br. 8. According to Appellants, "Oshima does not describe or suggest the printer/MFP sending the function 2 Appeal2015-003233 Application 13/310,239 ID and the authentication ID to the portable terminal device -- but instead describes the portable terminal device sending these values to the printer" (Br. 10). We disagree with Appellants' arguments, as Oshima is not limited to disclosures of a portable electronic device sending information to a printer. In particular, the Examiner finds, and we agree, Oshima teaches using near field communication to transmit information from a multi-function printer to a portable electronic device to indicate that a printer is available for a particular function. Final Act. 2-3 (citing Oshima Fig. 6 (steps S609 and S610), i-fi-1 66, 67). Appellants' Specification broadly describes "printer attributes" to include printer capabilities, such as print quality, paper size, and double-sided printing, among other things, (Spec. i129) and printer status, such as whether a printer is off-line, busy, or experiencing an error. Spec. i1 30. As such, the plain language of claim 1 viewed in light of Appellants' Specification includes Oshima's teachings of a multi-function printer sending to a portable electronic device information indicating that a printer function is usable. See also Final Act. 3 (additionally citing Strittmatter as evidence of a mobile device obtaining printer attributes from a printer). Accordingly, having considered each of Appellants' arguments, we are unpersuaded of error and sustain the Examiner's rejection of claim 1, as well as claims 2-21 which Appellants do not argument separately. DECISION We affirm the Examiner's rejection of claims 1-21. 3 Appeal2015-003233 Application 13/310,239 No time period for taking any subsequent action in connection with this appeal may be extended. 37 C.F.R. § 1.136(a)(l )(iv). AFFIRMED 4 Copy with citationCopy as parenthetical citation