`“x
`‘\\f
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/775,167
`
`09/11/2015
`
`Hiroshi OKAMURA
`
`55082
`
`4921
`
`02’1”” —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`THOMAS, BINU
`S UITE 1 200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`1717
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/13/2017
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/775,167 OKAMURA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`BINU THOMAS its“ 1717
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/20/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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)|:| 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1 and 3-8 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`
`7)|Z| Claim(s)_1 and3-8 is/are rejected.
`8)|:| Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170201
`
`

`

`Application/Control Number: 14/775,167
`
`Page 2
`
`Art Unit: 1717
`
`DETAILED ACTION
`
`1.
`
`The Applicant’s amendment filed on December 20, 2016 was received. Claim 2 was
`
`canceled. Claims 1 and 3 were amended. Claims 5—8 were added.
`
`2.
`
`The text of those sections of Title 35, US. Code not included in this action can be found
`
`in a prior Office action issued September 21, 2016.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.7The 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.
`
`4.
`
`Claims 1 and 3-8 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.
`
`5.
`
`In regards to claim 1, applicants recite “the movement stage and the motor relatively
`
`move the test—application stage and the second imaging camera in a horizontal direction” is
`
`deemed vague and indefinite because it is unclear how either the movement stage or motor may
`
`move either the test—application stage and the second imaging camera, as the claim silent to the
`
`mounting arrangement. For purposes of compact prosecution, the limitation will be interpreted
`
`

`

`Application/Control Number: 14/775,167
`
`Page 3
`
`Art Unit: 1717
`
`as the motor and the movement stage mounted to the second imaging camera move relative to
`
`the test application stage in a horizontal direction.
`
`6.
`
`Claim 4 recites the limitation "the imaging camera" in line 3. There is insufficient
`
`antecedent basis for this limitation in the claim. For purposes of compact prosecution, the
`
`limitation Will be interpreted as the second imaging camera.
`
`7.
`
`Claim 8 recites the limitation "the relative movement unit" in line 3. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`The claim rejections under pre—AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Abernathy et al. and Srivastava et al. on claims 1—4 are Withdrawn because independent claim 1
`
`has been amended.
`
`9.
`
`The claim rejections under pre—AIA 35 U.S.C. 103(a) as being unpatentable over Kazuya
`
`et al. and Ikushima et al. on claims 1 and 3—4 are Withdrawn because independent claim 1 has
`
`been amended.
`
`Please consider the following.
`
`10.
`
`Claims 1 and 3-8 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Abernathy (US2011/0184569) in View of Atsushi (JP2009-078254, provided English
`
`machine translation cited below) and Sasabe (US5,986,750).
`
`In regards to claim 1, Abernathy teaches a viscous material (paste) non—contact jetting
`
`system (10, application device) comprising:
`
`

`

`Application/Control Number: 14/775,167
`
`Page 4
`
`Art Unit: 1717
`
`a conveyor (22, substrate holding part) holding a substrate/pc board (36) (fig. 2; para.
`
`29);
`
`a jetting dispenser (40) with a nozzle (48, application head) applies/deposits viscous
`
`material droplets to the substrate (fig. 2; para. 31—32);
`
`a drop generator (12) is mounted on a Z—aXis drive (vertical) and comprises a X—Y
`
`positioner (14) to provide the jetting dispenser movement in at least the vertical and horizontal
`
`direction/plane over the substrate (fig.2; para. 26, 30).
`
`a camera (16, first imaging camera) downwardly images the dot (paste applied) formed
`
`by the dispensed viscous material, where camera is connected to the drop generator and is moved
`
`across the system (fig. 2; para. 26, 34, 40);
`
`a calibration station (25) providing a work surface (74, test—application stage), where
`
`droplets are dispensed onto the work surface during a calibration process to set the amount of
`
`viscous material to be dispensed (fig. 2; para. 36, 40);
`
`a memory (54, storage part) of a computer (18) is in communications with a vision circuit
`
`(64) and is connected to at least the camera and stores an image imaged by the camera (fig. 2;
`
`para. 34, 40—41).
`
`Abernathy does not explicitly teach a second camera is laterally provided from the drop
`
`generator /jetting dispenser.
`
`However, Atsushi teaches an apparatus comprising a stage (3) which moves a dispenser
`
`(4) and syringe (5) along an X/Y/Z aXis above an application stage (8) which supports a coated
`
`member (7). Atsushi teaches a first imaging part—1 1a is provided at the syringe and a second
`
`imaging part—1 1b is provided at a side. Atsushi teaches the first imaging part—1 1a provides the
`
`

`

`Application/Control Number: 14/775,167
`
`Page 5
`
`Art Unit: 1717
`
`downward image of an applied paint dots (10)/ deposited material on the coated member and the
`
`second imaging part—1 1b images the paint dots from the side which is a lateral direction, where
`
`the image are provided to a processing part (12) and storage part (13) to provided measurement
`
`of the diameter and height of the applied paint dots. Atsushi teaches further teaches a plurality of
`
`paint dots maybe image by the first and second imaging parts and converted into a three—
`
`dimensional image (fig. 6; para. 17—20, 33-34).
`
`Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the
`
`claimed invention, to incorporate the first imaging part at the syringe and the second imaging
`
`part at a lateral side of the syringe of Atsushi onto the camera and drop generator /jetting
`
`dispenser of Abernathy because Atsushi teaches it provide easy measurements of the height and
`
`diameter of the paint dots in order to provide reliably inspection for degradation of the paint
`
`(para. 34-35).
`
`Further regarding claim 1, Abernathy and Atsushi do not explicitly teach the second
`
`imaging part/camera is provided on a movement stage having a motor for moving the second
`
`camera in a horizontal direction.
`
`However, Sasabe teaches an apparatus which deposits a materials on a surface which is
`
`imaged, includes a sensor (16) which is mounted onto a moveable block (17, movement stage),
`
`the moveable block is moved using an actuator (18, motor). Sasabe teaches the actuator moves
`
`the sensor and moveable block in a horizontal/X direction and in a vertical/Z direction (fig. 1—3;
`
`col. 7, lines 20—65). Sasabe teaches the actuator moves the sensor and moveable block around
`
`the deposited material while take measurements, where the measurements are sent to a computer
`
`

`

`Application/Control Number: 14/775,167
`
`Page 6
`
`Art Unit: 1717
`
`to be stored in memory. Sasabe teaches the measurements are used to determine a height and
`
`other properties of the deposited material (col. 8, line 45— col. 9, line 25).
`
`Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the
`
`claimed invention, to incorporate the actuator which moves the moveable block and sensor of
`
`Sasabe onto the second imaging part/camera of Abernathy and Atsushi because Sasabe teaches it
`
`will eliminate variations in the measurement (col.1, lines 35—45).
`
`In regards to claim 3, Abernathy, Atsushi and Sasabe have been discussed above, where
`
`the Abernathy and Atsushi teaches the cameras each image the deposited material, where
`
`Abernathy teaches a computer (18, application operation control part) is connected to a vision
`
`circuit (64, imaging operation control part) to control the imaging of the deposited material (fig.
`
`2; para. 34, 40). Atsushi teaches the imaging is take at predetermined time intervals starting
`
`from immediately after application would include at the point when the deposited material
`
`attaches to the surface and include the upward movement of the nozzle (para. 20).
`
`In view of the fact that the prior art teaches all the structural limitations in the claim, the
`
`apparatus in the prior arts are capable of having the cameras continuously acquiring plural
`
`images in a period after the nozzle downwardly moves to place the deposited material to the
`
`surface and until the upward movement of the nozzle is completed, where the images are taken
`
`continuously or a preset imaging timing. In apparatus claims, a claimed intended use must result
`
`in a structural difference between the claimed invention and the prior art in order to patentably
`
`distinguish the claimed invention from the prior art (MPEP 2111.02 & MPEP 2114).
`
`In regards to claim 4, Abernathy, Atsushi and Sasabe have been discussed above, where
`
`Abernathy teaches the computer and vision circuit (paste recognition part) connected to the
`
`

`

`Application/Control Number: 14/775,167
`
`Page 7
`
`Art Unit: 1717
`
`cameras, images the dot formed by the deposited material and determines size related physical
`
`characteristics such as height or diameter (fig. 2, 4; para. 40).
`
`In regards to claim 5, Abernathy, Atsushi and Sasabe have been discussed above, where
`
`Abernathy teaches the computer, vision circuit connected to the cameras images, the dot formed
`
`by the deposited material and determines size related physical characteristics such as height or
`
`diameter (application operation condition) to adjust the deposited material physical size, where a
`
`control a droplet generator controller (70) will control the jetting dispenser to obtain the desired
`
`size based on the images from the cameras (Abernathy—fig. 2, 4; para. 40—43; Atsushi—para. 33,
`
`35—36).
`
`In regards to claims 6-7, Abernathy, Atsushi and Sasabe have been discussed above,
`
`where Abernathy teaches the calibration station providing the work surface has a plurality of
`
`deposited materials on the work surface and Abernathy, Atsushi and Sasabe are capable of
`
`providing a test application points along a horizontal direction of the second imaging part/camera
`
`at regular intervals (Abemathy—fig. 2).
`
`In regards to claim 8, Abernathy, Atsushi and Sasabe have been discussed above, where
`
`Sasabe teaches the second imaging part/camera on the moveable block and actuator are provided
`
`to the stage (fig.1).
`
`Response to Arguments
`
`11.
`
`Applicant’s arguments with respect to claims 1 and 3—8 have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the current
`
`rejection.
`
`

`

`Application/Control Number: 14/775,167
`
`Page 8
`
`Art Unit: 1717
`
`Conclusion
`
`12.
`
`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 extension fee 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 date of this
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BINU THOMAS whose telephone number is (571)270—7684.
`
`The examiner can normally be reached on Monday thru Thursday, 8AM to 5PM.
`
`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.
`
`

`

`Application/Control Number: 14/775,167
`
`Page 9
`
`Art Unit: 1717
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Dah—Wei Yuan can be reached on (571) 272—1295. The fax phone number for the
`
`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/Binu Thomas/
`
`Primary Examiner, Art Unit 1717
`2/9/20 17
`BT
`
`