throbber

`

`017709 A0110” Summary
`
`Application No.
`13/950,905
`
`Examiner
`MIKHAIL ITSKOVICH
`
`Applicant(s)
`Hachiya et al.
`
`Art Unit
`2483
`
`AIA Status
`Yes
`
`- The MAILING DA TE ofthis communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 2 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 01/25/2018
`.
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)[:| This action is FINAL.
`2b)
`This action is non-final.
`
`3)|:| An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)I:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparfe Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims"
`5)
`Claim(s)
`
`11,14 and 17-19 is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`6) El Claim(s)
`
`is/are allowed.
`
`7)
`
`8)
`
`Claim(s) 11,14 and 17-19 is/are rejected.
`
`I] Claim(s)
`
`is/are objected to.
`
`
`
`are subject to restriction and/or election requirement
`9) El Claim(s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)l:| The specification is objected to by the Examiner.
`
`is/are: a)[:| accepted or b)|:| objected to by the Examiner.
`11)|:| The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)l:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or ( ).
`Certified copies:
`
`a)I:I All
`
`b)l:l Some**
`
`c)I:I None of the:
`
`1.[:|
`
`Certified copies of the priority documents have been received.
`
`2.l:|
`
`Certified copies of the priority documents have been received in Application No.
`
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [3 Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)lMail Date
`US. Patent and Trademark Office
`
`3) |:| Interview Summary (PTO—413)
`Paper No(s)/Mail Date
`4) D Other'
`
`PTOL-325 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20180220
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page2
`
`DETAILED ACTION
`
`Notice of Pre—AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality ofthe previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 01/25/2018 has been entered.
`
`Response to Arguments
`
`1.
`
`Applicant's arguments filed on 01/25/2018 have been fully considered but they are not
`
`persuasive.
`
`2.
`
`Generally, Examiner recommends simplifying the present claims to elements that are necessary
`
`to implement the intended invention, and adding steps that particularly and non-trivially relate the
`
`image processing to the automation of component mounting.
`
`3.
`
`Regarding the rejection under section 101, Applicant argues: "In addition, claim 11 has been
`
`amended to require the step of "recognizing
`
`the first surface of a third electronic component held by
`
`one of the plurality of nozzles, based on the generated three-dimensional image ofthe electronic
`
`component". Thus, amended claim 11 is directed to a method performed by a machine or to a
`
`machine.”
`
`Examiner notes that the mere presence of a machine tie or transformation of an object is not
`
`sufficient to render a claim patent eligible. Bifski v. Kappos, 130 S. Ct. 3218, 3232, 561 US 593, 177 L. Ed.
`
`2d 792 (2010). The relevant question is whether the claimed elements, when considered individually
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page3
`
`and in combination, do significantly more than apply the judicial exception to well—understood, routine,
`
`and conventional activities commonly used in industry. Alice Corp. Pty. Ltd. v. CLS Bank Intern, 134 S.
`
`Ct. 2347, 2359, 573 U.S., 189 L. Ed. 2d 296 (2014).
`
`The fact that applicant applies image processing and acquisition (a judicial exception) in the field
`
`of use of mounting components (in its well-established form according to Specification Page 1) is
`
`insufficient to define patentable subject matter. Examiner suggests particularly pointing out the
`
`material steps of automation that Applicant regards to be inventive.
`
`4.
`
`Applicant argues: "In other words, the claims do not merely recite the idea of "automating a
`
`mental process of selecting an operation mode based on visual appearance of the object
`
`, imaging
`
`and extracting information at a high level of abstraction, and selecting profiles for digital image
`
`processing ," but, rather, an application of that idea to specific objects and instances.”
`
`Examiner disagrees. As claimed, the results of image processing are produced in parallel with
`
`component mounting, they do not transform the underlying machinery or objects.
`
`5.
`
`Applicant argues: "Further, improvements to a technology or technical field are sufficient to
`
`qualify as significantly more regardless of whether the claims are directed to an abstract idea. The Office
`
`action did not consider such improvements.”
`
`Examiner notes that Applicant provides no basis by which the present claims can be considered
`
`patentable improvements over the abstract ideas.
`
`6.
`
`Regarding claim construction, Applicant argues: “The Office action notes that claim limitations
`
`following the recitations "wherein", "for", "such that", etc., have been disregarded as allegedly not
`
`limiting the claims to a particular structure.”
`
`Examiner notes that this is an inaccurate restatement ofthe cumulative reasons of rejection.
`
`7.
`
`Regarding the rejection of Claim 11, Applicant argues: "First, none of the cited references
`
`II It
`teaches "a three-dimensional component imaging device .
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page4
`
`Examiner notes that claim 11 redefines what a three—dimensional component imaging device is,
`
`and prior art is cited to teach various embodiments ofthese definitions. See below.
`
`8.
`
`Applicant argues: "neither Hachiya nor Jansson teaches or suggests "generating a three—
`
`dimensional image of the electronic component by processing the images of the first surface and the
`
`second surface ofthe electronic component". Instead, both Hachiya and Jansson describe one-
`
`dimensional and two-dimensional imaging.”
`
`Examiner notes that this argument is confusing, because (a) a three dimensional imaging device
`
`would not need to generate a three-dimensional image ofthe electronic component by further
`
`processing the images and (b) processing surface images of IC components indicates use of two-
`
`dimensional images to produce a three dimensional image. What exactly are the claims intended to
`
`perform?
`
`9.
`
`Examiner suggests clarifying the claim language with respect to the invention Applicant intends
`
`to claim by descriptions that would be clear to a person of skill in the art. Simply compounding multiple
`
`features from the specification does not particularly point out a comprehensive or even a functional
`
`invention.
`
`Claim Rejections - 35 USC § 112
`
`1.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`2.
`
`Claims 11, 14, 17-19 are rejected 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 pre—AIA the applicant regards as the invention.
`
`

`

`Application/Control Number:13/9SO,905
`Art Unit:2483
`
`PageS
`
`3.
`
`A broad range or limitation together with a narrow range or limitation that falls within the broad
`
`range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly
`
`set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). Note the
`
`explanation given by the Board of Patent Appeals and Interferences in Ex parte Wu, 10 USPQ2d 2031,
`
`2033 (Ed. Pat. App. & Inter. 1989), as to where broad language is followed by "such as" and then narrow
`
`language. The Board stated that this can render a claim indefinite by raising a question or doubt as to
`
`whether the feature introduced by such language is (a) merely exemplary of the remainder of the claim,
`
`and therefore not required, or (b) a required feature of the claims. Note also, for example, the decisions
`
`of Ex parte Steigewal'd, 131 USPQ 74 (Bd. App. 1961); Ex parte Hall, 83 USPQ 38 (Bd. App. 1948); and Ex
`
`parte Hasche, 86 USPQ 481 (Ed. App. 1949).
`
`4.
`
`Claim 11 recites: "the at least three area cameras comprising a first imaging element and a
`
`second imaging element,
`
`the first imaging element and the second imaging element each being
`
`independent devices having different visual fields,
`
`imaging the first surface and the second surface
`
`of the electronic component by the first imaging element and the second imaging element of the
`
`electronic component mounting apparatus,” which raises a questions as to the scope of the claimed
`
`cameras:
`
`Is the first/second imaging element an area camera, or does each area camera comprise a first
`
`and second imaging element (in which case how are these elements independent ifthey make up the
`
`same camera structure); how does having different visual fields form an area camera which by definition
`
`images an area which is one visual field; how does the claim orient a single area camera to take images
`
`of opposing surfaces; what is the relevance of having three area cameras in the claim directed to
`
`imaging elements? The claim language is entirely unclear as to what structure, combination of
`
`structure, or structural relationships limit the claims.
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page6
`
`Also, since it is unclear as to what imaging is performed it is also unclear as to the limitation of
`
`”generating a three-dimensional image of the electronic component by processing the images of the
`
`first surface and the second surface of the electronic component,” in Claim 11.
`
`Examiner suggests selecting just one category of imaging elements/cameras/devices and
`
`particularly pointing out their structural and functional relationships to other elements in the claim.
`
`3.
`
`Claim 11 recites the limitation "mounting at least one of the recognized first electronic
`
`component, the recognized second electronic component, and the recognized third electronic
`
`component on the substrate." There is insufficient antecedent basis for this limitation in the claim, at
`
`least because the claim does not recognize components.
`
`5.
`
`6.
`
`Claims 14, 17-19 are rejected as dependent on Claim 11.
`
`Also Claim 18 recites: "wherein the forth imaging mode is a form recognizing based on a three-
`
`dimensional image imaged by all ofthe at least three area cameras,” which is indefinite because it is
`
`unclear how all area cameras (such as wide angle cameras or cameras with completely different fields of
`
`view) can produce a three—dimensional image (without limitation or possession of specialized
`
`processing).
`
`1.
`
`35 U.S.C. 101 reads as follows:
`
`Claim Rejections - 35 USC § 101
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
`conditions and requirements of this title.
`
`2.
`
`Claims directed to a statutory category, may nonetheless be ineligible for a patent if they are
`
`directed to judicial exceptions, such as “laws of nature, natural phenomena, and abstract ideas.”
`
`Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 133 S.Ct. 2107, 2116, 186 L.Ed.2d
`
`124 (2013). "The machine-or—transformation test is a useful and important clue, an investigative tool,
`
`for determining whether some claimed inventions are processes under § 101,” however, the mere
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page7
`
`presence of a machine tie or transformation ofan object is not sufficient to render a claim patent
`
`eligible. Bilski v. Kappos, 130 S. Ct. 3218, 3232, 561 US 593, 177 L. Ed. 2d 792 (2010). The relevant
`
`question is whether the claimed elements, when considered individually and in combination, do
`
`significantly more than apply the judicial exception to well—understood, routine, and conventional
`
`activities commonly used in industry. Alice Corp. Pty. Ltd. v. CLS Bank Intern, 134 S. Ct. 2347, 2359, 573
`
`U.S., 189 L. Ed. 2d 296 (2014). However, patent eligibility under § 101 may not "depend simply on the
`
`draftsman's art.” Id. at 2360 (quoting Flook, 437 U.S., at 593, 98 S.Ct. 2522).
`
`In this regard, a recitation
`
`of generic or purely functional components configured to apply the judicial exception are not regarded
`
`to be substantially more than the judicial exception itself, because the phrasing does not offer "a
`
`meaningful limitation beyond generally linking the use of the judicial exception to a particular
`
`technological environment." Id. (quoting Bil'ski at 610).
`
`3.
`
`Claims 11, 14, 17-19, directed to statutory categories of methods, apparata, are rejected as
`
`being directed toward patent ineligible subject matter. Based upon analysis ofthe present claims, the
`
`claims appear to be directed toward a abstract ideas, a combination of (a) automating a manual activity
`
`in picking up and mounting electronic components and (b) obtaining and analyzing images and
`
`outputting analysis results (in form of imaging modes) in the context of a component mounting
`
`apparatus (at a level of abstraction which is well-understood in the industry).
`
`In re Venner, 262 F.2d 91,
`
`95, 120 USPQ 193, 194 (CCPA 1958) (Broadly providing an automatic or mechanical means to replace a
`
`manual activity which accomplishes the same result is not sufficient to distinguish the claims over prior
`
`art); Electric Power Group, LLC v. ALSTOM 5A, 830 F. 3d 1350 (Fed. Cir. 2016) (Selecting information for
`
`collection by content or source, analyzing it, and displaying results of collection and analysis are not
`
`eligible either separately or in combination).
`
`The elements ofthe present claims, when considered individually and in combination, are not
`
`directed toward significantly more than an abstract idea itself; i.e. computing is applied at a high level of
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page8
`
`generality and without meaningful relation to automation or physical transformation (imaging the first
`
`surface and the second surface, generating a three-dimensional image; setting, by the controller, the
`
`imaging form, recognizing, when the imaging form is set to the first imaging mode; recognizing, when
`
`the imaging form is set to the second imaging mode;); claims are presented by statements of intended
`
`results (recognizing, when the imaging form is set to the first imaging mode
`
`based on an image that is
`
`imaged, recognizing, when the imaging form is set to the second imaging mode
`
`based on the
`
`generated three-dimensional image); without limitation to specialized computer features or hardware;
`
`applying well-understood, routine, and conventional activities commonly used in industry (picking up
`
`and holding the electronic component, mounting at least one of the recognized first electronic
`
`component corresponding to well-established function of component mounting apparatuses as in
`
`Specification, Page 1); amounting to no more than mere instruction to implement an abstract idea in the
`
`context of what is well-established in the field (taking and processing images in the context of picking up
`
`and mounting a component).
`
`Such subject matter is not considered patent eligible according to In re Venner, 262 F.2d 91, 95,
`
`120 USPQ 193, 194 (CCPA 1958) (Broadly providing an automatic or mechanical means to replace a
`
`manual activity which accomplishes the same result is not sufficient to distinguish the claims over prior
`
`art); Electric Power Group, LLC v. ALSTOM 5A, 830 F. 3d 1350 (Fed. Cir. 2016) (Selecting information for
`
`collection by content or source, analyzing it, and displaying results of collection and analysis are not
`
`eligible either separately or in combination); Gottschalk v. Benson, 409 U.S. 63, 175 U.S.P.Q. 673 (1972)
`
`(recitation of common computing elements for use in conversion of numerical information does not
`
`render the claims eligible); in view ofAlice Corp. Pty. Ltd. v. CLS Bank |ntern., 134 S. Ct. 2347, 573 U.S.,
`
`189 L. Ed. 2d 296 (2014) (Application of thejudicial exception to well—understood, routine, and
`
`conventional activities commonly used in industry does not render the claims eligible).
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page9
`
`Further, there are no limitations directed toward judicially recognized improvements to another
`
`technology or technical field; improvements to the structure of the computer itself; or meaningful
`
`limitations beyond generally linking the use of an abstract idea to a particular technological
`
`environment, i.e. there are no limitations to a transformation of an object or specialized computer
`
`features or hardware; component processing apparatus is not transformed by the image processing
`
`(which is performed and applied substantially independently of component mounting) but rather
`
`provides a field of use for the image processing.
`
`The claims should be amended to include meaningful limitations within the technical field.
`
`Examiner suggests particularly pointing out any meaningful automation which connects the image
`
`processing to the component mounting.
`
`Claim Construction
`
`7.
`
`Claim scope is not limited by claim language that suggests or makes optional but does not
`
`require steps to be performed, or by claim language that does not limit a claim to a particular structure.
`
`However, examples of claim language, although not exhaustive, that may raise a question as to the
`
`limiting effect of the language in a claim are: (A) "adapted to” or "adapted for” clauses; (B) ”wherein”
`
`clauses; and (C) ”whereby” clauses. M.P.E.P. 2111.04. The clause is given weight when it provides
`
`"meaning and purpose” to the claimed invention but not when "it simply expresses the intended result”
`
`ofthe invention.
`
`In Hoffer v. Microsoft Corp., 405 F.3d 1326, 1329, 74 USPQ2d 1481, 1483 (Fed. Cir.
`
`2005)
`
`Where Applicant recites optional claim language, such as optional claim language following the
`
`term(s) "wherein ..., for ..., such that ...,” such claim language does not limit the claims. While
`
`substantive rejection of such language is provided below for purposes of compact prosecution, Examiner
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page10
`
`suggests rephrasing such claim language to recite limitations corresponding to the subject matter ofthe
`
`claim.
`
`8.
`
`Claim scope is not limited by claim language directed to content of a signal (such as an image or
`
`a mode number) but does not require steps to be performed, or by claim language that does not limit a
`
`claim to a particular structure, and thus does not require a separate reason for rejection. See, In re
`
`Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994); In re Ngai, 367 F.3d 1336, 1339,
`
`70 USPQ2d 1862, 1864 (Fed. Cir. 2004); In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir.
`
`1983). Where the claimed and prior art products are identical or substantially identical in structure or
`
`composition, or the claimed and prior art methods are identical or substantially identical processes, a
`
`prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252,
`
`1255, 195 USPQ 430, 433 (CCPA 1977); M.P.E.P. 2112.01. While substantive rejection of such language
`
`is provided below for purposes of compact prosecution, Examiner suggests rephrasing such claim
`
`language to recite limitations corresponding to the subject matter ofthe claim.
`
`Machine limitations should make clear that the use ofthe machine in the claimed process
`
`imposes a meaningful limitation on the claim’s scope. See MPEP 2106.01; Alice Corporation Pty. Ltd. v.
`
`CLS Bank International, eI ai, 134 S. Ct. 2347, 573 (2014); in re Prater, 415 F.2d 1393, 1404—05, 162 USPQ
`
`541, 550—51 (CCPA 1969) (A mental process rejection under 35 U.S.C. 101, for claiming a process of
`
`analyzing data generated by mass spectrographic analysis of a gas by selecting the data to be analyzed
`
`and by subjecting the data to a mathematical manipulation.)
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`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 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.
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page11
`
`2.
`
`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 of this title, 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.
`
`3.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
`
`summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`This paragraph describes the treatment of admitted prior art. A statement by an applicant in
`
`the specification or made during prosecution identifying the work of another as "prior art” is an
`
`admission which can be relied upon for both anticipation and obviousness determinations, regardless of
`
`whether the admitted prior art would otherwise qualify as prior art under the statutory categories of 35
`
`U.S.C. 102. Riverwood Int 'I Corp. v. R.A. Jones & Co., 324 F.3d 1346, 1354, 66 USPQ2d 1331, 1337 (Fed.
`
`Cir. 2003); Constant v. Advanced Micro-Devices Inc., 848 F.2d 1560, 1570, 7 USPQ2d 1057, 1063 (Fed.
`
`Cir. 1988). The examiner must determine whether the subject matter identified as prior art is
`
`applicant's own work, or the work of another. In the absence of another credible explanation, examiners
`
`should treat such subject matter as the work of another. MPEP 2129.
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page12
`
`4.
`
`Claims 11I 14I 17—19 are rejected under 35 U.S.C. 103 as being unpatentable over US 6211958 to
`
`Hachiya (”Hachiya”) in View of US 20040156539 to Jansson (”Jansson”) and further in View of US
`
`6538244 to Skunes ("Skunes") and further in view of US 7133731 to Yamazaki (”Yamazaki”) and further
`
`in View of Applicant admitted prior art ("AAPA") in the Specification pages 1—3. Also note Applicant
`
`admitted prior art in Specification Pages 1-3 that broadly describe elements as cited in Hachiya and
`
`Skunes.
`
`9.
`
`Regarding Claim 11: "An electronic component mounting method for mounting an electronic
`
`component on a substrate performed by an electronic component mounting apparatus,
`
`the electronic component mounting apparatus comprising: providing an electronic component
`
`mounting apparatus comprising: a pluralifl of nozzles; a three-dimensional component imaging
`
`device, which comprises at least three area cameras, each of the at least three area cameras
`
`comprising a first imaging element and a second imaging element, the first imaging element and the
`
`second imaging element each being independent devices having different visual fields, visual fields of
`
`the first imaging elements of the at least three area cameras are common to each other regardless of
`
`the area camera, and the visual fields of the second imaging elements of the at least three area
`
`cameras are common to each other regardless of the area camera; and a controller that controls an
`
`imaging form of the component imaging device;”
`
`(Note that claim language such as in a preamble is generally not accorded any patentable weight
`
`where it merely recites the purpose ofa process or the intended use of a structure, and where the body
`
`ofthe claim does not depend on the preamble for completeness but, instead, the process steps or
`
`structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and
`
`Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
`
`In this case while Applicant may intend the use of the claimed method with the apparatus
`
`described above, the method steps (for selecting an imaging mode based on object elements visible by
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page13
`
`each camera) stand on their own and are not limited by the specific structural elements of the intended
`
`apparatus described, i.e. use of structural elements ofthe apparatus is independently and sufficiently
`
`described by the method steps, and the visual processing steps of the method do not depend on the
`
`presence of specific holding components or camera compositions of the intended apparatus for
`
`functional completeness.
`
`Additionally note application to an apparatus with corresponding structural elements in
`
`Hachiya: "a mounting head 7 for picking up by suction the electronic components 55 2 from the tray 3"
`
`Hachiya, Column 3, lines 51—52 and Figs. 2. "The recognizing means 8 is constructed as shown in FIG. 2,
`
`in which a line camera 11 and a shutter camera [area camera] 12 are disposed,” each having a different
`
`but overlapping field of view. Hachiya, Column 4, lines 5-7. "The control circuit for the recognizing
`
`means 8” that sets imaging and processing parameters. Hachiya, Column 4, lines 61-62. "a selecting
`
`means for selecting either the line camera or the shutter camera depending on the size or shape of the
`
`electronic component” Hachiya, Column 2, lines 20—21. Also note embodiments in Jansson, Paragraphs
`
`7 and 67—68 and statement of motivation below.)
`
`a.
`
`picking up and holding, by at least one of a plurality of nozzles of the electronic
`
`component mounting apparatus, the electronic component having a second surface held by
`
`the at least one of the plurality of nozzles and a first surface opposite to the second surface
`
`which is one side of the component, ("a mounting head 7 for picking up by suction the
`
`electronic components 55 2 from the tray 3” Hachiya, Column 3, lines 51-52 and Figs. 2. Also
`
`note embodiments in AAPA and statement of motivation below.)
`
`b.
`
`imaging the first surface and the second surface of the electronic component by the
`
`first imaging element and the second imaging element of the electronic component mounting
`
`apparatus, ("The recognizing means 8 is constructed as shown in FIG. 2, in which a line camera
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`Page14
`
`11 and a shutter camera [area camera] 12 are disposed,” each having a different but
`
`overlapping field ofview. Hachiya, Column 4, lines 5-7.)
`
`c.
`
`setting, by the controller, ("The control circuit for the recognizing means 8” that sets
`
`imaging and processing parameters. Hachiya, Column 4, lines 61—62.)
`
`d.
`
`the imaging form of the component imaging device to a first imaging mode if a whole
`
`part of the first surface of the electronic component held by one of the plurality of nozzles
`
`falls within the visual field of one of the first imaging element and the second imaging
`
`element, and setting the imaging form of the component imaging device to a second imaging
`
`mode if the first surface of the electronic component crosses the visual field of the first
`
`imaging element and the visual field of the second imaging element, (”a selecting means for
`
`selecting either the line camera or the shutter camera depending on the size or shape ofthe
`
`electronic component" Hachiya, Column 2, lines 20—21.)
`
`e.
`
`recognizing, when the imaging form is set to the first imaging mode, a whole part of
`
`
`the first surface of a first electronic component held by one of the plurality of nozzles, based
`
`on an image that is imaged by the first imaging element of at least one of the at least three
`
`area cameras, and recognizing a whole part of the first surface of a second electronic
`
`component that is held together with the first electronic component by another one of the
`
`plurality of nozzles, based on an image that is imaged by the second imaging element of at
`
`least one of the at least three area cameras, and (“A recognizing means 8 is provided for
`
`recognizing the position and the shape ofthe electronic components.” Hachiya, Column 4, lines
`
`61-63.)
`
`f.
`
`"mounting at least one of the recognized first electronic component, the recognized
`
`second electronic component, and the recognized third electronic component on the
`
`substrate.” ("a mounting head for holding and moving an electronic component to a mounting
`
`

`

`Application/Control Number:13/950,905
`Art Unit:2483
`
`PagelS
`
`location and for mounting it on a substrate, and a recognizing means ...” Hachiya, Column 2,
`
`lines 10—31. Also see AAPA and statement of motivation below.)
`
`g.
`
`Hachiya does not teach "recognizing, when the imaging form is set to the
`
`second imaging mode, the first surface of a third electronic component that is held by one of
`
`the plurality of nozzles, based on a generated image produced by combining a first image
`
`including a part of the first surface imaged by the first imaging element of at least one of the
`
`at least three area cameras with a second image including a remained part of the first surface
`
`imaged by the second imaging element of at least one of the at least three area cameras.“
`
`Under the broadest reasonable interpretation consistent with the instant specification
`
`and ordinary skill in the art, in the first imaging mode multiple smaller

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket