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www.uspto.gov
`
`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
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`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
`
`consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelectedinvention,
`
`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
`
`distinctly claim the subject matter which the inventor or a joint inventor (or for
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 3
`
`applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the
`
`invention.
`
`In Claim 16, the limitations of “the downstream-side direction” (lines 2-3) lacks
`
`positive antecedent basis.
`
`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:
`
`a transport path (e.g. 211) that guides a component connected body(e.g. C)
`
`from a component insertion port on an upstream side (e.g. from R) in a component
`
`feeding direction to a component supply position (e.g. to 102) on a downstream side,
`
`the component connected body including a plurality of axial components (e.g. M)
`
`arranged and connected at a predeterminedpitch, the plurality of axial components
`
`each having a lead (e.g. L); and
`
`a feed mechanism (e.g. 210) that pitch-feeds the component connected body
`
`along the transport path to the downstream side(in Fig. 4);
`
`wherein the feed mechanism includes:
`
`a feed member (e.g. 260, Fig. 5) which has a plurality of feed hooks (e.g. a first
`
`feed hook 265, 265a and a second feed hook 268, 268a) disposed at the predetermined
`
`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).
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 4
`
`a rotating shaft (e.g. 271) which is connected to one endside of the feed
`
`member, and
`
`a moving mechanism (e.g. 264, 261, in Fig. 5) which is connectedto the feed
`
`member through the rotating shaft and reciprocates the rotating shaft along
`
`the component feeding direction (e.g. | [0031]), and
`
`a length (x — annotated figure below) of one feed hook (e.g. first 265, 265a)
`
`among the plurality of feed hooks(e.g. 265, 265a and 268, 268a) is longer than a length
`
`(y — see annotatedfigure below) of an other feed hook (e.g. 268, 268a) among the
`
`plurality of feed hooks(e.g. first 265, 265a and second 268, 268a), the other feed hook
`
`being adjacent to the one feed hook on the rotating shaft side [note below x > y].
`
`PSSor
`
`past
`
`Each feed hook is made up of the body of 265, 268 and each geartooth 265a,
`
`268a, respectively. The shape of the body and anyone of the gear tooth, together, form
`
`a feed hook that hooksthe individual leads.
`
`Claim2: JP’084 further discloses that each of the plurality of the feed hooks has
`
`a feed surface (e.g. made up of 265a, 268a) on the downstream side, and when the
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 5
`
`feed member moves to the downstream side, the feed surface is in contact substantially
`
`perpendicularly with the lead from the upstream side to move the component connected
`
`body to the downstream side (e.g. J [0032]).
`
`Claims 3 and 4: JP’084 further discloses that each of the plurality of feed hooks
`
`has an inclined surface (e.g. angled surface of each gear tooth) on the upstream side
`
`(of 265), and when the feed member moves to the upstream side; wherein the inclined
`
`surface is in contact with the lead from the downstream side to rotate the feed member
`
`(at 271, see § [0031]); and
`
`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).
`
`Claims 5 and 6: JP’084 further discloses that a projection end portion of each of
`
`the plurality of feed hooks has a projection end surface(e.g. tips of 265a, 268a), and
`
`when the feed member moves to the upstream side, the projection end surfaceis in
`
`contact substantially parallel with the lead (e.g. Fig. 4, § [0032]); and
`
`when the projection end surface of a feed hook (e.g. 265, 265a) closestto the
`
`rotating shaft is in contact with the lead of one axial component, the projection end
`
`surface of an other feed hook (e.g. 268, 268a) is also in contact with the lead of an
`
`other axial component (e.g. Fig. 4).
`
`Claims 7 and 8: JP’084 further discloses that the feed member has a recessed
`
`surface (e.g. opening between each geartooth, 265a or 268a) whichis in contact with
`
`the lead between the plurality of feed hooks (e.g. Fig. 4); and
`
`that when the recessed surface of a feed hook (e.g. 268, 268a) farthest from the
`
`rotating shaft is in contact with the lead of one axial component, the recessed surfaceof
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 6
`
`an other feed hook (e.g. 265, 265a) is also in contact with the lead of an other axial
`
`component (e.g. Figs. 4 and 5).
`
`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
`
`downstream side and restrains movement to the upstream side (bylifting and releasing
`
`leads, L, 4 [0034)).
`
`Claim 10: JP’084 further discloses that a component mounting device
`
`comprising the component supply device [as relied upon abovein Claim 1] and a
`
`mounting head (e.g. 106, in Fig. 1) that holds the plurality of axial components supplied
`
`by the component supply device to mount the axial components on a board (e.g. S,
`
`[0048)).
`
`Claim 16: JP’084 further discloses that the length (x) of one feed hook and the
`
`length (y) of the other feed hook (in Fig. 5) extend in a [horizontal] direction transverse
`
`to a downstream-side [vertical] direction (e.g. where a componentC is picked up
`
`vertically by head 30 in Fig. 1, § [0069}).
`
`Responseto Arguments
`
`Applicants’ arguments, filed as part of the submission, have been fully
`
`considered, but have not been deemedto be found as persuasive.
`
`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).
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 7
`
`It appears that the reason that these limitations are not metis that the element R
`
`disclosed by JP’084 is a reel and is not an “upstream side” in a component feeding
`
`direction. The examiner agrees that JP’084 discloses R as a reel. However, on the left
`
`side of Figure 3 where R meets a transport path (conveyance path 211), this is
`
`considered to be the “upstream side” where components are delivered from the reel R,
`
`to the transport path (211), along a component feeding direction to a downstream side
`
`(where 280 is located) to have the components picked up by component head (30).
`
`Therefore, the location of the reel R from where components are delivered from the reel
`
`R to the transport path (211) can certainly be read as the “upstream side”in Figure 3.
`
`Applicants’ secondly assert that JP’084 does not teach:
`
`“a feed mechanism that pitch-feeds the component connected body along the
`transport path to the downstream side”(lines 7-8 of Claim 1).
`
`It appears that applicants’ believe theselimitations are not met because the
`
`frame (e.g. 210) of JP’084 cannot be a “feed mechanism”. The examiner acknowledges
`
`that the office action points out one illustrative example of element 210 being read as a
`
`feed mechanism. However, it is noted that the phrase of “feed mechanism” can be read
`
`as more than one structural element.
`
`In this case the frame (210) was read as the feed
`
`mechanism becauseit is one element among a number of structural elements that
`
`make up the feed mechanism, as Claim 1 further recites “wherein the feed mechanism
`
`includes”, a feed member (delivery mechanism 260 in Fig. 5) with feed hooks (265,
`
`265a, 268, 268a), a rotating shaft (271), etc., as expressed in the rejection above. Orin
`
`other words, the frame is a feed mechanism becauseit supports the feed member, feed
`
`hooks, etc. Therefore, these limitations are met as the frame 210, along with the other
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 8
`
`structural elements, pitch-feeds the component connected body C along the transport
`
`path to the downstreamside.
`
`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
`
`disclosure of JP’084 states such a relationship.
`
`The examiner disagrees. Applicants’ are reminded that drawings and pictures
`
`can anticipate claims if they clearly show the structure which is claimed, whether or not
`
`the features shownin the drawings are unexplained in the specification. MPEP § 2125.
`
`In this case, the features shownin Figure 5 of JP’084 are not a diagram or are not
`
`diagrammatic in nature. These are structural elements where the size of one element is
`
`clearly shownrelative to another element.
`
`It is clear that the invention of JP’084 would
`
`not function or work without such a structural relationship shown in Figure 5. Or the
`
`component connected bodies C could not be fed along the transport path without the
`
`structural relationshipsillustrated between the elements shownin Figure 5.
`
`In summary,all of the limitations of the claims have been met by JP’084for all of
`
`the reasons expressed above. While the aboverejections have been maintained, there
`
`are differences between JP’084 and the applicants’ invention which have yet to be
`
`pointed out in the claims. For example in Claim 1, if further limitations were to recite
`
`that the length of one feed hook andthe length of the other feed hook extend orthogonal
`
`or transverse to the componentfeeding direction, this would appear to overcome
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 9
`
`JP’084. Orin Claim 16, it further limitations were to recite that the downstream-side
`
`direction is parallel to the component feeding direction, this would also appearto
`
`overcome JP’084. The examiner invites applicants’ to a telephone interview to discuss
`
`such an amendment.
`
`Conclusion
`
`Applicants’ amendmentfiled as part of the submission has necessitated the new
`
`ground(s) of rejection presented in this Office action. Accordingly, THIS ACTIONIS
`
`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 shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory 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 A. DEXTER TUGBANG whosetelephone number is
`
`(571)272-4570. The examiner can normally be reached Mon - Fri 8:00 am to 5:00 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/161 ,051
`Art Unit: 2896
`
`Page 10
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, JESSICA HAN can be reached on (571) 272-2078. 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:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling 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.
`
`/A. DEXTER TUGBANG/
`Primary Examiner
`Art Unit 2896
`
`

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