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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/700,401
`
`09/11/2017
`
`HIROYOSHI NISHIDA
`
`PIPMM-58001
`
`9503
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`10’26’2018
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`SKRZYCKI, JONATHAN MICHAEL
`
`2118
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/26/2018
`
`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
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`following e—mail address(es):
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`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/700,401
`Examiner
`JONATHAN M SKRZYCKI
`
`Applicant(s)
`NISHIDA, HIROYOSHI
`Art Unit
`AIA Status
`2118
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 09/11/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10). The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on See Continuation Sheet is/are: a). accepted or b)l:j 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:
`
`a). All
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`b)D Some”
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`C)D None of the:
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`1..
`
`Certified copies of the priority documents have been received.
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`2.[:]
`
`Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181017
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 15/700,401
`
`Continuation of Application Papers 11): 09/11/2017
`
`

`

`Application/Control Number: 15/700,401
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`Page 2
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`Art Unit: 2118
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`DETAILED ACTION
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`Claim 1—7 (filed 09/11/2017) have been considered in this action.
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Specification
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`The disclosure is objected to because of the following informalities:
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`o On page 4 112, page 7 112, page 8 111&3, and page 13 112 reference is
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`made to "host control device 3” in Fig. 1 however this device is
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`called ”higher control device 3” in Fig. 1 and thus should be corrected
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`to say ”higher control device 3” in all instances
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`0 On page 12 113 “(1 min 200 sec.) should read ”(1 min 20 sec.) to
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`remain consistent with Fig. 3
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`Appropriate correction is required.
`
`

`

`Application/Control Number: 15/700,401
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`Page 3
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`Art Unit: 2118
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`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to
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`AIA 35 U.S.C. 102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is
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`incorrect, any correction of the statutory basis for the rejection will not be
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`considered a new ground of rejection if the prior art relied upon, and the
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`rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`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
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`obviousness under 35 U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at
`
`issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`

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`Application/Control Number: 15/700,401
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`Page 4
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`Art Unit: 2118
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Edinger et al. (US 4667403, herein Edinger) in view of Sun et al. (US
`
`20160179081) .
`
`Regarding Claim 1, Edinger teaches “A component mounting line control
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`system which controls a component mounting line” ([col 3 lines 55-col 4 line 44]
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`describes a master production computer that controls a production line)
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`“including a component mounting device that mounts a component on a board"
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`([col 3 lines 55—col 4 line 44] describes automatic assembly stations for assembling
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`(mounting) components) “and a board retrieving unit that retrieves the board,
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`the system comprising: an acquirer that acquires information from the board
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`retrieving unit” ([col 3 lines 55—col 4 line 44] robot is used to remove specific
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`board (retrieve) to be put onto assembly line, via commands from the controller
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`(acquirer)) "and a controller that controls the component mounting device
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`based on the information acquired by the acquirer” ([col 3 lines 27-35] master
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`

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`Application/Control Number: 15/700,401
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`Page 5
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`Art Unit: 2118
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`production computer (controller) coordinates and manages the overall
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`production process).
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`Edinger fails to teach “wherein, the controller lengthens the time taken
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`for a manufacturing process in the component mounting device in a case where
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`the acquirer acquires first warning information, which indicates that a board
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`accommodation limit is about to be reached, from the board retrieving unit”.
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`Sun teaches "wherein, the controller lengthens the time taken for a
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`manufacturing process in the component mounting device in a case where the
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`acquirer acquires first warning information, which indicates that a board
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`accommodation limit is about to be reached, from the board retrieving unit”
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`([0022] In an embodiment, the range of threshold values for a buffer 18 for
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`controlling an upstream station 16 is set to be between approximately 0.5 and 1.0
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`(i.e. the downstream buffer 18 is approximately half—full to full) in order to reduce
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`or stop production output of the upstream station 16 when the downstream
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`buffer 18 is close to full or full as previously described; wherein a buffer
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`corresponds to a board accommodation limit, and the case where reducing
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`production corresponds to a lengthening of a manufacturing process).
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`It would have been obvious to a person having ordinary skill in the art
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`before the effective file date of the claimed invention to have modified the
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`

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`Application/Control Number: 15/700,401
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`Page 6
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`Art Unit: 2118
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`component mounting line control system with a board retriever and controller
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`taught by Edinger with the slowing of a manufacturing process when a buffer is
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`about to become full because it would satisfy the suggestion of Sun to create
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`”[0002] a method for providing optimized production scheduling”. Furthermore,
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`it would have been obvious to combine because both inventions relate to the
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`field of manufacturing and more specifically towards ways to optimize and
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`improve a manufacturing line, and thus a person of ordinary skill would be
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`motivated to use the known technique of flowing manufacturing when a buffer is
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`becoming full with the known devices constituting a component mounting
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`production line in the same way. By combining these elements, one of ordinary
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`skill would expect to create a component mounting production line with assembly
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`stations for mounting components and robots used to retrieve and move boards
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`into the stations, controlled by a master production computer (controller) that
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`utilizes buffers that count capacity and cause the controller to slow production
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`when buffer capacity is near full.
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`Regarding Claim 2, Sun and Edinger teach the component mounting
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`production control line taught in claim 1. Sun further teaches "wherein a state
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`where the board accommodation limit is about to be reached is a state where
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`

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`Application/Control Number: 15/700,401
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`Page 7
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`Art Unit: 2118
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`the number of accommodated boards is equal to or greater than 70% and equal
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`to or smaller than 90% of an accommodation capacity of the board retrieving
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`unit” ([Table 5 and 0022] In an embodiment, the range of threshold values for a
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`buffer 18 for controlling an upstream station 16 is set to be between
`
`approximately 0.5 and 1.0 (i.e. the downstream buffer 18 is approximately half—
`
`full to full) in order to reduce or stop production output of the upstream station
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`16 when the downstream buffer 18 is close to full or full as previously described;
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`wherein an instance where production is reduced when buffer capacity is nearly
`
`full).
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`While Sun teaches various buffer ranges of 50—100%, less than 67%, 67%—
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`83%, 83%—97%, etc. (table 5) it is noted that it would have been obvious to change
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`the buffer range to 70%—90% when production is slowed because MPEP
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`§2144.04(IV)(A) ”In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) establishes
`
`that changes to size/proportion are not patentably distinct from the prior art
`
`because they are considered routine and only require ordinary skill in the art, and
`
`therefore one of ordinary skill in the art would have found it obvious to modify
`
`the ranges set forth in Sun to fit their particular implementation. The modification
`
`of slowing down the machine in the range of 70%—90% instead of the range of
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`

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`Application/Control Number: 15/700,401
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`Page 8
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`Art Unit: 2118
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`67%—83% is considered an obvious modification to one of ordinary skill in the art
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`in light of In re Rose.
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`Regarding Claim 3, Sun and Edinger teach the component mounting
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`production control line taught in claim 1. Sun further teaches "wherein the
`
`controller causes the component mounting device to stop the manufacturing
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`process in a case where the acquirer acquires second warning information,
`
`which indicates that the board accommodation limit has been reached from the
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`board retrieving unit” ([Table 5 & 0022]|n an embodiment, the range of threshold
`
`values for a buffer 18 for controlling an upstream station 16 is set to be between
`
`approximately 0.5 and 1.0 (i.e. the downstream buffer 18 is approximately half—
`
`full to full) in order to reduce or stop production output of the upstream station
`
`16 when the downstream buffer 18 is close to full or full as previously described;
`
`wherein production is stopped when buffer is full (limit is reached), furthermore
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`as taught by Table 5, when the buffer becomes more full production is slowed
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`more until the buffer becomes completely filled, at which point production is
`
`stopped).
`
`

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`Application/Control Number: 15/700,401
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`Page 9
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`Art Unit: 2118
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`Regarding Claim 4, Sun and Edinger teach the component mounting
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`production control line taught in claim 3. Sun further teaches "wherein a state
`
`where the board accommodation limit has been reached is a state where the
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`number of accommodated boards is greater than 90% and equal to or smaller
`
`than 100% of an accommodation capacity of the board retrieving unit” ([Table 5
`
`& 0022]|n an embodiment, the range of threshold values for a buffer 18 for
`
`controlling an upstream station 16 is set to be between approximately 0.5 and 1.0
`
`(i.e. the downstream buffer 18 is approximately half—full to full) in order to reduce
`
`or stop production output of the upstream station 16 when the downstream
`
`buffer 18 is close to full or full as previously described; wherein production is
`
`stopped when buffer is full (limit is reached), furthermore as taught by Table 5,
`
`when the buffer becomes more full production is slowed more until the buffer
`
`becomes completely filled, at which point production is stopped).
`
`While Sun teaches various buffer ranges of 50—100%, less than 67%, 67%—
`
`83%, 83%—97%, etc. (table 5) it is noted that it would have been obvious to change
`
`the buffer range to 90%—100% when production is stopped because MPEP
`
`§2144.04(IV)(A) ”In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) establishes
`
`that changes to size/proportion are not patentably distinct from the prior art
`
`because they are considered routine and only require ordinary skill in the art, and
`
`

`

`Application/Control Number: 15/700,401
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`Page 10
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`Art Unit: 2118
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`therefore one of ordinary skill in the art would have found it obvious to modify
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`the ranges set forth in Sun to fit their particular implementation. The modification
`
`of stopping the machine in the range of 90%—100% instead of the range of 99%—
`
`100% is considered an obvious modification to one of ordinary skill in the art in
`
`light of In re Rose.
`
`Regarding Claim 7, Sun and Edinger teach the component mounting
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`production control line taught in claim 1. Edinger further teaches “a notifier that
`
`performs notification of the state of equipment, wherein the notifier performs
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`notification” ([col 2 line 13] describes how a board is retrieved when a command
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`signal (notification) is received which is performed by master production
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`computer 10 that coordinates and manages the production process (state of
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`equipment). Sun further teaches "indicating that it is necessary to retrieve the
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`board in a case where the acquirer acquires the first warning information, which
`
`indicates that the board accommodation limit is about to be reached, from the
`
`board retrieving unit” ([0022]|n an embodiment, the range of threshold values
`
`for a buffer 18 for controlling an upstream station 16 is set to be between
`
`approximately 0.5 and 1.0 (i.e. the downstream buffer 18 is approximately half—
`
`full to full) in order to reduce or stop production output of the upstream station
`
`

`

`Application/Control Number: 15/700,401
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`Page 11
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`Art Unit: 2118
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`16 when the downstream buffer 18 is close to full or full as previously described;
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`wherein Sun expresses the capability of controlling and notifying
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`(sending/receiving commands) various equipment based on buffer capacity
`
`(accommodation limit)).
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`Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Edinger and Sun as applied to claim 1 above, and further in view of Donati et al.
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`(US 20100287879, herein Donati).
`
`Regarding Claim 5, Edinger and Sun teach the component mounting
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`production line control system that slows production based on accommodation
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`capacity as incorporated in claim 1.
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`Edinger and Sun fail to teach “in a case where the acquirer acquires third
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`warning information, which indicates that there is an abnormality, from the
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`board retrieving unit”.
`
`Donati teaches “in a case where the acquirer acquires third warning
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`information, which indicates that there is an abnormality, from the board
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`retrieving unit” ([0089] describes how when an overflow and speed sensor is
`
`

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`Application/Control Number: 15/700,401
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`Page 12
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`Art Unit: 2118
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`activated (abnormal condition) the distribution equipment (component mounting
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`device) rate is reduced (lengthens the time taken for the manufacturing process).
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`It would have been obvious to a person having ordinary skill in the art
`
`before the effective file date of the claimed invention to have modified the
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`component mounting production line control system that slows production based
`
`on accommodation capacity as taught by Edinger and Sun with the reaction to an
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`abnormal condition as taught by Donati because as Donati suggests ”[0010] An
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`ever—increasing need is hence felt for... Lines featuring integrated solutions such
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`as centralized and robust automation control, increased configuration flexibility,
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`same communication channels and automation solutions and hardware, and no
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`need for customization of the line automation software”. Likewise, Donati points
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`out that ”[0008] Line automation and control systems cannot provide the
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`flexibility and functionality features required to satisfy the ever—increasing market
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`demand for... higher production versatility”, meaning that the known technique
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`of slowing a production line when an abnormal condition occurs is ready to
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`improve the known component mounting production line. To a person having
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`ordinary skill in the art, this combination would yield a predictable result of a
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`component mounting production line that slows production when an abnormal
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`condition occurs.
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`

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`Application/Control Number: 15/700,401
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`Page 13
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`Art Unit: 2118
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`Regarding Claim 6, Edinger and Sun teach the component mounting
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`production line control system that slows production based on accommodation
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`capacity as incorporated in claim 1. Donati further teaches "wherein the
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`controller causes the component mounting device to stop the manufacturing
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`process in a case where the acquirer acquires fourth warning information, which
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`indicates a transportation stoppage, from the component mounting device”
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`([0086] describes how an automatic immediate stop procedure (stop the
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`manufacturing process) is triggered when a blocked distribution equipment
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`(transportation stoppage) occurs).
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`Conclusion
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to JONATHAN M SKRZYCKI whose telephone
`
`number is (571)272—0933. The examiner can normally be reached on M—F 7230—5.
`
`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: 15/700,401
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`Page 14
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`Art Unit: 2118
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`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner’s supervisor, Robert Fennema can be reached on (571)272—2748. The
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`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(to|l—free). If you
`
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`
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`
`571—272—1000.
`
`/JONATHAN MICHAEL SKRZYCKI/
`
`Examiner, Art Unit 2118
`
`/ROBERT E FENNEMA/
`
`Supervisory Patent Examiner, Art Unit 2118
`
`