`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/161,051
`
`10/16/2018
`
`HIDEAKI WATANABE
`
`PIPMM-60175
`
`5398
`
`aR —
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`TUGBANG, ANTHONY D
`
`2896
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/12/2022
`
`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.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Application No.
`Applicant(s)
`16/161,051
`WATANABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`A. DEXTER TUGBANG
`2896
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 12/24/21.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 11-15 is/are withdrawn from consideration.
`() Claim(s)__ is/are allowed.
`Claim(s) 1-10 and 16 is/are rejected.
`1 Claim(s)__ is/are objected to.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220108
`
`
`
`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`The following is in responseto the applicants’ submission (e.g. amendment,
`
`remarks, etc.) filed on October 28, 2021.
`
`The text of those sections of Title 35, U.S. Code notincluded in this action can
`
`be found in a prior Office action.
`
`The objections to the specification in the last office action have been withdrawn
`
`in light of the amendmentto the specification.
`
`Election/Restrictions
`
`Claims 11 through 15 remain as being withdrawn from further
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`consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelectedinvention,
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`there being no allowable generic or linking claim. Election was made without traverse
`
`in the reply filed on May 4, 2021.
`
`Claim Rejections - 35 USC § 112
`
`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-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor (or for
`
`
`
`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 3
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`applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the
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`invention.
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`In Claim 16, the limitations of “the downstream-side direction” (lines 2-3) lacks
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`positive antecedent basis.
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`Claim Rejections - 35 USC § 102
`
`Claims 1 through 10 and 16 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Japanese Patent Publication JP 2015-37084 (hereinafter “JP’084”)'.
`
`Claim1: JP’084 discloses a componentsupply device (see Fig. 3) comprising:
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`a transport path (e.g. 211) that guides a component connected body(e.g. C)
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`from a component insertion port on an upstream side (e.g. from R) in a component
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`feeding direction to a component supply position (e.g. to 102) on a downstream side,
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`the component connected body including a plurality of axial components (e.g. M)
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`arranged and connected at a predeterminedpitch, the plurality of axial components
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`each having a lead (e.g. L); and
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`a feed mechanism (e.g. 210) that pitch-feeds the component connected body
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`along the transport path to the downstream side(in Fig. 4);
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`wherein the feed mechanism includes:
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`a feed member (e.g. 260, Fig. 5) which has a plurality of feed hooks (e.g. a first
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`feed hook 265, 265a and a second feed hook 268, 268a) disposed at the predetermined
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`pitch along the component feeding direction,
`
`' The interpretation of JP’084 has been taken from an English Translation, a copy of which wasprovided
`by applicants on their Information Disclosure Statement (IDS).
`
`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 4
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`a rotating shaft (e.g. 271) which is connected to one endside of the feed
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`member, and
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`a moving mechanism (e.g. 264, 261, in Fig. 5) which is connectedto the feed
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`member through the rotating shaft and reciprocates the rotating shaft along
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`the component feeding direction (e.g. | [0031]), and
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`a length (x — annotated figure below) of one feed hook (e.g. first 265, 265a)
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`among the plurality of feed hooks(e.g. 265, 265a and 268, 268a) is longer than a length
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`(y — see annotatedfigure below) of an other feed hook (e.g. 268, 268a) among the
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`plurality of feed hooks(e.g. first 265, 265a and second 268, 268a), the other feed hook
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`being adjacent to the one feed hook on the rotating shaft side [note below x > y].
`
`PSSor
`
`past
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`Each feed hook is made up of the body of 265, 268 and each geartooth 265a,
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`268a, respectively. The shape of the body and anyone of the gear tooth, together, form
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`a feed hook that hooksthe individual leads.
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`Claim2: JP’084 further discloses that each of the plurality of the feed hooks has
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`a feed surface (e.g. made up of 265a, 268a) on the downstream side, and when the
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`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 5
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`feed member moves to the downstream side, the feed surface is in contact substantially
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`perpendicularly with the lead from the upstream side to move the component connected
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`body to the downstream side (e.g. J [0032]).
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`Claims 3 and 4: JP’084 further discloses that each of the plurality of feed hooks
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`has an inclined surface (e.g. angled surface of each gear tooth) on the upstream side
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`(of 265), and when the feed member moves to the upstream side; wherein the inclined
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`surface is in contact with the lead from the downstream side to rotate the feed member
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`(at 271, see § [0031]); and
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`wherein the inclined surface of each of the plurality of feed hooksis inclined at an
`
`identical angle in the component feeding direction (e.g. see Figs. 4 or 5).
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`Claims 5 and 6: JP’084 further discloses that a projection end portion of each of
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`the plurality of feed hooks has a projection end surface(e.g. tips of 265a, 268a), and
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`when the feed member moves to the upstream side, the projection end surfaceis in
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`contact substantially parallel with the lead (e.g. Fig. 4, § [0032]); and
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`when the projection end surface of a feed hook (e.g. 265, 265a) closestto the
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`rotating shaft is in contact with the lead of one axial component, the projection end
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`surface of an other feed hook (e.g. 268, 268a) is also in contact with the lead of an
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`other axial component (e.g. Fig. 4).
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`Claims 7 and 8: JP’084 further discloses that the feed member has a recessed
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`surface (e.g. opening between each geartooth, 265a or 268a) whichis in contact with
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`the lead between the plurality of feed hooks (e.g. Fig. 4); and
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`that when the recessed surface of a feed hook (e.g. 268, 268a) farthest from the
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`rotating shaft is in contact with the lead of one axial component, the recessed surfaceof
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`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 6
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`an other feed hook (e.g. 265, 265a) is also in contact with the lead of an other axial
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`component (e.g. Figs. 4 and 5).
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`Claim9: JP’084 further discloses that a retraction restraint mechanism (e.g. 270,
`
`270a) that does not hinder movement of the component connected bodyto the
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`downstream side and restrains movement to the upstream side (bylifting and releasing
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`leads, L, 4 [0034)).
`
`Claim 10: JP’084 further discloses that a component mounting device
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`comprising the component supply device [as relied upon abovein Claim 1] and a
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`mounting head (e.g. 106, in Fig. 1) that holds the plurality of axial components supplied
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`by the component supply device to mount the axial components on a board (e.g. S,
`
`[0048)).
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`Claim 16: JP’084 further discloses that the length (x) of one feed hook and the
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`length (y) of the other feed hook (in Fig. 5) extend in a [horizontal] direction transverse
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`to a downstream-side [vertical] direction (e.g. where a componentC is picked up
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`vertically by head 30 in Fig. 1, § [0069}).
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`Responseto Arguments
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`Applicants’ arguments, filed as part of the submission, have been fully
`
`considered, but have not been deemedto be found as persuasive.
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`Regarding the merits of JP’084, applicants’first assert that JP’084 does not
`
`teach:
`
`“a transport path that guides a component connected body from a component
`insertion port on an upstream side in a component feeding direction to a component
`supply position on a downstream side”(lines 2-4 of Claim 1).
`
`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 7
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`It appears that the reason that these limitations are not metis that the element R
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`disclosed by JP’084 is a reel and is not an “upstream side” in a component feeding
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`direction. The examiner agrees that JP’084 discloses R as a reel. However, on the left
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`side of Figure 3 where R meets a transport path (conveyance path 211), this is
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`considered to be the “upstream side” where components are delivered from the reel R,
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`to the transport path (211), along a component feeding direction to a downstream side
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`(where 280 is located) to have the components picked up by component head (30).
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`Therefore, the location of the reel R from where components are delivered from the reel
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`R to the transport path (211) can certainly be read as the “upstream side”in Figure 3.
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`Applicants’ secondly assert that JP’084 does not teach:
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`“a feed mechanism that pitch-feeds the component connected body along the
`transport path to the downstream side”(lines 7-8 of Claim 1).
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`It appears that applicants’ believe theselimitations are not met because the
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`frame (e.g. 210) of JP’084 cannot be a “feed mechanism”. The examiner acknowledges
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`that the office action points out one illustrative example of element 210 being read as a
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`feed mechanism. However, it is noted that the phrase of “feed mechanism” can be read
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`as more than one structural element.
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`In this case the frame (210) was read as the feed
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`mechanism becauseit is one element among a number of structural elements that
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`make up the feed mechanism, as Claim 1 further recites “wherein the feed mechanism
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`includes”, a feed member (delivery mechanism 260 in Fig. 5) with feed hooks (265,
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`265a, 268, 268a), a rotating shaft (271), etc., as expressed in the rejection above. Orin
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`other words, the frame is a feed mechanism becauseit supports the feed member, feed
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`hooks, etc. Therefore, these limitations are met as the frame 210, along with the other
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`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 8
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`structural elements, pitch-feeds the component connected body C along the transport
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`path to the downstreamside.
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`Applicants’ lastly assert that JP’084 does not teach:
`
`“a length of one feed hook among the plurality of feed hooksis longer than a
`length of an other feed hook among the plurality of feed hooks, the other feed hook
`being adjacentto the one feed hook on the rotating shaft side” (lines 17-19 of Claim 1).
`
`Applicants’ believe that these limitations are not met because in the annotated
`
`figure above, x and y are imported definitions and that nothing in Figure 5 or the
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`disclosure of JP’084 states such a relationship.
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`The examiner disagrees. Applicants’ are reminded that drawings and pictures
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`can anticipate claims if they clearly show the structure which is claimed, whether or not
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`the features shownin the drawings are unexplained in the specification. MPEP § 2125.
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`In this case, the features shownin Figure 5 of JP’084 are not a diagram or are not
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`diagrammatic in nature. These are structural elements where the size of one element is
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`clearly shownrelative to another element.
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`It is clear that the invention of JP’084 would
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`not function or work without such a structural relationship shown in Figure 5. Or the
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`component connected bodies C could not be fed along the transport path without the
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`structural relationshipsillustrated between the elements shownin Figure 5.
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`In summary,all of the limitations of the claims have been met by JP’084for all of
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`the reasons expressed above. While the aboverejections have been maintained, there
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`are differences between JP’084 and the applicants’ invention which have yet to be
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`pointed out in the claims. For example in Claim 1, if further limitations were to recite
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`that the length of one feed hook andthe length of the other feed hook extend orthogonal
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`or transverse to the componentfeeding direction, this would appear to overcome
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`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 9
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`JP’084. Orin Claim 16, it further limitations were to recite that the downstream-side
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`direction is parallel to the component feeding direction, this would also appearto
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`overcome JP’084. The examiner invites applicants’ to a telephone interview to discuss
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`such an amendment.
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`Conclusion
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`Applicants’ amendmentfiled as part of the submission has necessitated the new
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`ground(s) of rejection presented in this Office action. Accordingly, THIS ACTIONIS
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`MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to A. DEXTER TUGBANG whosetelephone number is
`
`(571)272-4570. The examiner can normally be reached Mon - Fri 8:00 am to 5:00 pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`
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`Application/Control Number: 16/161 ,051
`Art Unit: 2896
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`Page 10
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, JESSICA HAN can be reached on (571) 272-2078. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
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`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/A. DEXTER TUGBANG/
`Primary Examiner
`Art Unit 2896
`
`