throbber
www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/044,830
`
`10/01/2020
`
`TAKESHI NAKASHIMA
`
`083710-3231
`
`6812
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`CHEN, KUANGYUE
`
`3761
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/12/2024
`
`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):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`171044,830
`NAKASHIMA etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`KUANGYUE CHEN
`3761
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 08 January 2024.
`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) 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)(2) 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*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-10 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`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://www.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)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( 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)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240131
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`underthefirst inventor to file provisions of the AIA.
`
`Response to Amendment
`
`2.
`
`Applicant's amendments to the claims filed on 01/08/2024 are acknowledged and
`
`entered. According to the Amendments to the claims, claim 10 has /have been added
`
`with no new matter added. Accordingly, claims 1-10 are pending in the application. An
`
`action on the merits for claims 1-10 are as follow. The previous 112 (b) Claim
`
`Rejections are withdrawn in accordance with applicant's explanation.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`INGENERAL—Thespecification shall contain a written description of the invention, and of
`(a)
`the manner and process of making and using it, in suchfull, clear, concise, and exact terms as to enable
`any person skilled in the art to which it pertains, or with whichit is most nearly connected, to make and
`use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying
`out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in suchfull, clear, concise, and exact terms as to enable any person
`skilled in the art to whichit pertains, or with whichit is most nearly connected, to make and use the same,
`and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`4.
`
`Claim 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first
`
`paragraph,
`
`asfailing to comply with the written description requirement. The claim(s)
`
`contains subject matter which was not described in the specification in such a way as to
`
`reasonably conveyto one skilled in the relevant art that the inventor or a joint inventor,
`
`or for pre-AlA the inventor(s), at the time the application wasfiled, had possession of
`
`the claimed invention.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 3
`
`Claim 10 recites the limitation “the semitransparent memberis made of a
`
`microwave transmissible material’. There is no described about “the semitransparent
`
`member is made of a microwave transmissible material” in the specification, therefore,
`
`“the semitransparent member is made of a microwavetransmissible material” constitute
`
`new matter.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`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,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 effectivefiling
`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.
`
`The factual inquiries set forth in Graham v. John Deere Co., 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 theprior art and the claims atissue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 4
`
`This application currently namesjoint inventors.
`
`In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidenceto the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`ownedas of the effectivefiling date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`6.
`
`Claims 1-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Yoon et al. (US 2012/0076350 Al) in view of Watanabe (US 6,496,272 BI).
`
`Regarding Independent Claim 1, Yoonetal. disclose a heating cooking device
`
`comprising:
`
`a heating chamber (a cooking chamber 11, [0017], Figs 1-3) having a front face
`
`opening (see Fig 1);
`
`a heater (heat source 25, [0022], Figs 2-3) that heats an object to be heated
`
`stored in the heating chamber (heats food in the cooking chamber 11, [0022]);
`
`a camera (an image sensor 27, [0020], Figs 2-3) that has an optical axis inclined
`
`with respect to a vertical direction and is disposed on an upper wall of the heating
`
`chamber (an upper wall of the heating chamber 11 is located above the image sensor
`
`27 and under top surface of the cooker; and the image sensor 27 is disposed on the
`
`upper wall of the heating chamber 11, see details in Figs 1-3) to face inside of the
`
`heating chamber (see Figs 2-3);
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 5
`
`a first illuminator (a lighting device 29, [0017], Figs 2-3) that radiates light toward
`
`the inside of the heating chamber from a position near the upper wall of the heating
`
`chamber(lighting device 29 illuminates the inside of the cooking chamber 11, [0024],
`
`Figs 2-3);
`
`a top panelthat is disposed below the upper wall of the heating chamber (see a
`
`top panel located under image sensor 27 in Figs 2-3; and the top panel is disposed
`
`below the upper wall of the heating chamber 11);
`
`Yoon et al. disclose the invention substantially as claimed and as discussed
`
`above; except does not disclose and atop panel that is disposed below the upper wall
`
`of the heating chamber (Note: “a top panel that is disposed below the upper wall of the
`
`heating chamber” taught by Yoon etal. already), includes a semitransparent member
`
`that diffuses the light from thefirstilluminator to illuminate downward, and includes a top
`
`panel opening serving as an opening through which the camera imagestheinside of the
`
`heating chamber.
`
`Watanabefurther teaches a top panel (diffusion plate 58, Col 8 line 12, Fig 4)
`
`that is disposed below the upper wall of the heating chamber(58 is disposed below a
`
`wall of cover 59, Col 7 line 10, Fig 3B; Note: “the upper wall of the heating chamber’
`
`taught by Yoon etal. already), includes a semitransparent member(58, comprising a
`
`ring-shaped semi-transparent flat plate member, Col 8 line 12) that diffuses the light
`
`from thefirst illuminator to illuminate downward (diffuses the light emitted, Col 8 line 13.
`
`Note: “the light from thefirst illuminator to illuminate downward’ taught by Yoon etal.
`
`already), and includes a top panel opening (an aperture 58a, Col 8 line 14, Fig 5B)
`
`serving as an opening through which the camera imagesthe inside of the heating
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 6
`
`chamber (camera 65 images the inside of cover 59, Col 7 line 11. Note: “the camera
`
`imagesthe inside of the heating chamber’ taught by Yoon etal. already).
`
`Therefore, it would have been obvious before the effectivefilling date of the
`
`claimedinvention to one of ordinary skill in the art to modify Yoonetal. with
`
`Watanabe’s further teaching of and a top panel that is disposed below the upperwall of
`
`the heating chamber, includes a semitransparent memberthat diffuses the light from the
`
`first illuminator to illuminate downward, and includes a top panel opening serving as an
`
`opening through which the camera imagesthe inside of the heating chamber; because
`
`Watanabeteaches,in Abstract, of providing an excellentilluminator for the convenience
`
`of illuminate a to-be-mounted component during operation.
`
`Regarding Claims 2-6 and 10, Yoonetal. in view of Watanabe teach the
`
`invention as claimed and as discussed above, and further teach:
`
`Claim 2, wherein, when seeing from a top view, the camera is disposed closer to
`
`the front face opening than a center of the upper wall is (see Figs 2-3, Yoon et al.), and
`
`the optical axis is inclined toward a rear side of the heating chamber with respect
`
`to a vertical direction (Clearly, “the optical axis” capable of “inclined toward a rear side
`
`of the heating chamberwith respect to a vertical direction’, Figs 2-3, Yoon etal.).
`
`Claim 3, wherein thefirst illuminator includes a light emitting diode as a light
`
`source(light emitting diodes LEDs 54, Col 7 line 17, Watanabe. Note: “thefirst
`
`illuminator’ taught by Yoon etal. already).
`
`Claim 4, wherein thefirst illuminator includes a light emitting diode asalight
`
`source(light emitting diodes LEDs 54, Col 7 line 17, Watanabe. Note: “thefirst
`
`illuminator’ taught by Yoon etal. already).
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 7
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`Claim 5, wherein, when seeing from a top view,thefirstilluminator is disposed
`
`farther from the front face opening than a center of the upper wall is (Clearly, “the first
`
`illuminator’ capable of “disposed farther from the front face opening than a centerof the
`
`upper wall is” as claimed, Figs 2-3, Yoon etal.).
`
`Claim 6, wherein the camera andthefirstilluminator are disposed to face each
`
`other with a center of the upper wall interposed between the camera and thefirst
`
`illuminator (image sensor 27 and lighting device 29 are disposed to face each other with
`
`a center of the upper wall interposed between 27 and 29, Figs 2-3, Yoonetal.).
`
`Claim 10, wherein the semitransparent member is made of a microwave
`
`transmissible material (a diffusion plate 58 which diffuses light emitted from the LEDs
`
`54, Col 7 line 25, taught by Watanabe. According to the Specification page 2 line 11
`
`stating that “a semitransparent memberthat diffuses the light from thefirst illuminator to
`
`illuminate downward”; clearly, that’s exactly taught by diffusion plate 58 of Watanabe.
`
`Note: According to https://physics.stackexchange.com/; every sort of material (metal,
`
`wood, plastic, stone, glass, ceramic, concrete, sea water, you name it) possesses a
`
`certain amountof electrical conductivity and a certain amountof dielectric behavior;
`
`taken in combination, this means that a beam of electromagnetic radiation may be
`
`reflected, refracted, absorbed, or transmitted without loss by the materials it impinges
`
`on- and all of that is frequency dependent.).
`
`Regarding Independent Claim 9, Yoonetal. disclose a heating cooking device
`
`comprising: a heating chamber (a cooking chamber 11, [0017], Figs 1-3) having an
`
`opening onafront face of the heating chamber (see Fig 1);
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 8
`
`a heater (heat source 25, [0022], Figs 2-3) that heats an object to be heated
`
`stored in the heating chamber (heats food in the cooking chamber 11, [0022]);
`
`a camera (an image sensor 27, [0020], Figs 2-3) that has an optical axis inclined
`
`with respect to a vertical direction and is disposed on an upper wall of the heating
`
`chamber (an upper wall of the heating chamber 11 is located above the image sensor
`
`27 and under top surface of the cooker; and the image sensor 27 is disposed on the
`
`upper wall of the heating chamber 11, see details in Figs 1-3) to faceinside of the
`
`heating chamber(see Figs 2-3);
`
`an illumination opening (lighting opening 15, [0018], Figs 2-3) that is opened in
`
`the upper wall of the heating chamber(details in Figs 2-3);
`
`a first illuminator (a lighting device 29, [0017], Figs 2-3) that is disposed more
`
`outside the heating chamber than the upper wall of the heating chamber(details in Figs
`
`2-3) and radiates light into the heating chamberthrough theillumination opening
`
`(lighting device 29 illuminates the inside of the cooking chamber 11... over the lighting
`
`opening 15, [0024], Figs 2-3);
`
`a top panel that is disposed more inside the heating chamber than the upper wall
`
`of the heating chamber (see a top panel located under image sensor 27 in Figs 2-3; and
`
`the top panel is disposed more inside the heating chamber 11 than the upper wall of the
`
`heating chamber 11, Figs 1-3);
`
`Yoon et al. disclose the invention substantially as claimed and as discussed
`
`above; except does not disclose and a top panel that is disposed moreinside the
`
`heating chamber than the upper wall of the heating chamber (Note: “a top panel that is
`
`disposed moreinside the heating chamber than the upper wall of the heating chamber”
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 9
`
`taught by Yoonet al. already), has a larger area as seen from above than the
`
`illumination opening,
`
`is formed not to overlap with the camera as seen from above, and
`
`is formed of a semitransparent material to allow light radiated from thefirst illuminator to
`
`pass through downward while diffusing the light.
`
`Watanabefurther teaches a top panel (diffusion plate 58, Col 8 line 12, Fig 4)
`
`that is disposed more inside the heating chamberthan the upper wall of the heating
`
`chamber(58 is disposed inside of a cover 59, Col 7 line 10, Fig 3B), has alarger area
`
`as seen from abovethan theillumination opening (58 has a larger area than opening
`
`53a, Col 7 line 51, Figs 4-5B. Note: “the illumination opening’ taught by Yoonetal.
`
`already), is formed not to overlap with the camera as seen from above(Clearly, the top
`
`panel 58 of capable of “not to overlap with the camera as seen from above’ as claimed.
`
`Note: “the camera’ taught by Yoonetal. already), and is formed of a semitransparent
`
`material (58, comprising a ring-shaped semi-transparent flat plate member, Col 8 line
`
`12) to allow light to pass through downward while diffusing the light (diffusion plate 58...
`
`diffuses the light emitted, Col 8 line 14).
`
`Therefore, it would have been obvious before the effectivefilling date of the
`
`claimedinvention to one of ordinary skill in the art to modify Yoonet al. with
`
`Watanabe’s further teaching of and a top panel that is disposed moreinside the heating
`
`chamber than the upper wall of the heating chamber, has a larger area as seen from
`
`abovethan theillumination opening,
`
`is formed not to overlap with the camera as seen
`
`from above, and is formed of a semitransparent material to allow light radiated from the
`
`first illuminator to pass through downward while diffusing the light; because Watanabe
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 10
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`teaches, in Abstract, of providing an excellentilluminator for the convenience of
`
`illuminate a to-be-mounted component during operation.
`
`7.
`
`Claims 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Yoonet al. (US 2012/0076350 Al) in view of Watanabe (US 6,496,272 BI) applied to
`
`claims shown above, further in view of Do (US 2012/0170247 Al).
`
`Regarding Claims 7-8, Yoonetal. in view of Watanabe teach the invention as
`
`claimed and as discussed above; except does not teach Claims 7-8.
`
`Do further teaches a heating cooking device (microwave oven 12, [0025], Figs 1-
`
`3), and: Claim 7, further comprising a secondilluminator anda third illuminator (Diode
`
`(LED) light panels 10, [0025], Figs 1-3) that are disposed below the top panel (see Fig
`
`1), the secondilluminator and the third illuminator each illuminating the inside of the
`
`heating chamber (Diode (LED) light panels 10 each illuminating the inside 18 and 20 of
`
`the heating chamber, [0025], Fig 1).
`
`Claim 8, wherein the second illuminator is disposed ata position onaleft side
`
`wall of the heating chamber (Diode (LED) light panel 10 is disposed at a position on a
`
`left side wall 18 of the heating chamber, [0025], Fig 1), the position of the second
`
`illuminator being closer to the front face opening than a centerof the left side wall when
`
`viewed from a top view (see details in Fig 1), and
`
`the third illuminator is disposed at a position on a right side wall of the heating
`
`chamber (Diode (LED) light panel 10 is disposed at a position on aright side wall 20 of
`
`the heating chamber, [0025], Fig 1), the position of the third illuminator being closer to
`
`the front face opening than a center of the right side wall when viewed from the top
`
`view, the right side wall facing the left side wall (see details in Fig 1).
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 11
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`Therefore, it would have been obvious before the effectivefilling date of the
`
`claimedinvention to one of ordinary skill in the art to modify Yoonetal. in view of
`
`Watanabe with Do’s further teaching of Claims 7-8; because Doteaches, in Para.
`
`[0007], of providing an excellent high-intensity light-emitting diode (LED)light within the
`
`cooking cavity, so that the contents of the oven arefully illuminated with an intensity
`
`sufficient to provide a good contrast ratio for viewing the contents through the access
`
`window.
`
`Response to Arguments
`
`8.
`
`Applicant's arguments filed 01/08/2024 have been fully considered but they are
`
`not persuasive. The same prior art used under the Non-Final Rejection been able to
`
`coverall the limitations of the amended claims.
`
`A. The applicant's argument on Remarks, namely “Regarding claims 1 and 9,
`
`the Examiner asserted that Yoon discloses a heating chamber, a camera 27 andafirst
`
`illuminator 29, and Watanabe discloses a top panel with a semitransparent member
`
`(diffuser) 58. The Examiner asserted that the camera 29 of Yoon has an optical axis
`
`inclined with respect to a vertical direction, without any explanation.
`
`In addition, the
`
`Examiner asserted in the rejection of claims 2 or 6 that the camera is "capable of'
`
`[being] disposed as claimed. However, the Examiner's assertion has no merit. In FIGS.
`
`2 and 3 of Yoon, the optical axis of the camera 29 is clearly parallel to the vertical
`
`direction, and nowherein Yoonis it disclosed that the optical axis of the camerais
`
`adjustable or capable of being disposed as claimed.
`
`In addition, there is no motivation
`
`or suggestion in Yoon to makethe optical axis be inclined with respect to a vertical
`
`direction’.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 12
`
`The examiner’s response: The combination of Yoon et al. (US 2012/0076350
`
`Al) in view of Watanabe (US 6,496,272 Bl) disclose the recited limitations required in
`
`claims 1 and 9, satisfying all the structural limitations and fully disclosed the recited
`
`limitations as set forth in this office action shown above in this office action. Note:
`
`regarding the limitation of “an optical axis inclined with respect to a vertical direction’;
`
`since the applicant's invention, directed to a machine (apparatus),
`
`is defined by its
`
`structure; while features of an apparatus mayberecited either structurally or
`
`functionally, claims directed to an apparatus must be distinguished from the prior artin
`
`terms of structure rather than function. /n re Schreiber, 128 F.3d 1473, 1477-78, 44
`
`USPQ2d 1429, 1431-32 (Fed. Cir.1997). “[A]oparatus claims cover what a device is, not
`
`what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469,
`
`15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP 2114). Therefore, the examiner
`
`maintains the rejection.
`
`B. The applicant's argument on Remarks, namely “there is no motivation or
`
`suggestion to place the alleged semitransparent member(diffuser) 58 of Watanabe
`
`below the upper wall of the heating chamber on which the camera and thefirst
`
`illuminator are disposed.
`
`In Yoon, the camera 27 andthefirstilluminator 29 are
`
`disposed abovethe alleged upper wall.
`
`In Watanabe,
`
`item 51 is expressly named as an
`
`illumination device. If the alleged first illuminator 27 of Yoon was replaced with the
`
`illumination device 51 of Watanabe, the entire illumination device 51 should be located
`
`above the upper wall, and in such a case,the diffuser 58 would be located abovethe
`
`upper wall. Evenif only the diffuser 58 of Watanabe was picked up and applied to Yoon,
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 13
`
`there is simply no reason to place the diffuser 58 below the upper wall, unless the
`
`present application is referred to, which is impermissible”.
`
`The examiner’s response: The combination of Yoon et al. (US 2012/0076350
`
`Al) in view of (US 6,496,272 Bl) disclose the recited limitations required in claims,
`
`satisfying all the structural limitations and fully disclosed the recited limitations as set
`
`forth in this office action shown abovein this office action. The bringing in of Watanabe
`
`are for purpose further teaching of “a top panel that is disposed moreinside the heating
`
`chamber than the upper wall of the heating chamber, has a larger area as seen from
`
`abovethan theillumination opening,
`
`is formed not to overlap with the camera as seen
`
`from above, and is formed of a semitransparent material to allow light radiated from the
`
`first illuminator to pass through downward while diffusing the light’; and Watanabe
`
`teaches, in Abstract, of providing an excellentilluminator for the convenience of
`
`illuminate a to-be-mounted component during operation. Note: In response to
`
`applicant's arguments against the referencesindividually, one cannot show
`
`nonobviousness by attacking referencesindividually where the rejections are based on
`
`combinations of references.
`
`(See MPEP 2145.IV.). Therefore, the examiner maintains
`
`the rejection.
`
`C. The applicant's argument on Remarks, namely “regarding claim 9, although
`
`the Examiner asserted that a top panel 58 has a larger area as seen from above than
`
`the illumination opening 53a (see, FIG. 5), the opening 53ais not an illumination
`
`opening through which thelight from thefirst illuminator passes. Thus, the Examiner's
`
`comparison has no merit”.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 14
`
`The examiner’s response: The combination of Yoon et al. (US 2012/0076350
`
`Al) in view of (US 6,496,272 Bl) disclose the recited limitations required in claim 9,
`
`satisfying all the structural limitations and fully disclosed the recited limitations as set
`
`forth in this office action shown abovein this office action (Watanabe teaches exactly
`
`58 has a larger area than opening 53a as claimed, Col 7 line 51, as shown under Figs
`
`4-5B). Note: In response to applicant's arguments against the referencesindividually,
`
`one cannot show nonobviousness by attacking references individually where the
`
`rejections are based on combinations of references.
`
`(See MPEP 2145.IV.). During
`
`“examination, a claim must be given its broadest reasonable interpretation consistent
`
`with the specification as it would be interpreted by one of ordinary skill in the art.
`
`Because the applicant has the opportunity to amend claims during prosecution, giving a
`
`claim its broadest reasonable interpretation will reduce the possibility that the claim,
`
`once issued, will be interpreted more broadly thanis justified.
`
`In re Yamamoto, 740 F.2d
`
`1569, 1571 (Fed. Cir. 1984); In re Zletz, 893 F.2d 319, 321, 138 USPQ2d 1320, 1322
`
`(Fed. Cir. 1989)”. “Under a broadest reasonable interpretation, words of the claim must
`
`be given their plain meaning, unless such meaning is inconsistent with the specification.
`
`The plain meaning of a term meansthe ordinary and customary meaning given to the
`
`term by those of ordinary skill in the art at the time of the invention” (MPEP 2173.01(I)).
`
`Therefore, the examiner maintains the rejection.
`
`Conclusion
`
`9.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 15
`
`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-MONTHshortened 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.
`
`Inno event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the paymentof the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.” Any inquiry concerning this communication or
`
`earlier communications from the examiner should be directed to KUANGYUE CHEN
`
`whose telephone numberis 571/272-8224. The examiner can normally be reached on
`
`M-F 9:00-5:00 EST.
`
`If attempts to reach the examinerby telephone are unsuccessful, supervisor
`
`Dana Ross can be reached on 571/272-4480, supervisor Kosanovic Helena can be
`
`reached on 571/272-9059, or supervisor Nathaniel Wiehe can be reached on 571/270-
`
`5569. The fax phone numberfor 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.
`
`

`

`Application/Control Number: 17/044,830
`Art Unit: 3761
`
`Page 16
`
`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.
`
`/KUANGYUE CHEN/
`
`Examiner, Art Unit 3761
`
`/DANA ROSS/
`Supervisory Patent Examiner, Art Unit 3761
`
`

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