DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a first sensing element and a second sensing element in claims 1 and 7, both described as “optical fiber sensing elements” (see applicant specification [0031]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 7 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
Representative Claim 1 recites: wherein the first sensing element and the second sensing element are both disposed in a slot where the silicon wafers are turned over, and the first sensing element and the second sensing element are both suspended on a front side of a sorting wheel in the slot and obliquely arranged towards one side of the sorting wheel.
It is not clear what structure the “slot” is describing. Similarly, it is not clear how the sensing elements “are both suspended on a front side of a sorting wheel”. “Suspended on” tends to mean “being attached to somehow”, yet in light of the Applicant’s description, the sensing elements seem to be suspended proximate to the sorting wheel.
Claim 1 only positively claims the two sensing elements, and does so by describing their relation to other elements, but it is not clear whether the slot, sorting wheel, or other related structures are included or excluded as part of the claimed invention. Claims 2-6 are rejected for their dependence on claim 1.
Claim 7 is analogous to claim 1, and rejected for the same deficiency. Claims 8-10 are rejected for their dependence on claim 7.
Conclusion
The Examiner notes that there are currently no prior art rejections for claims 1-10,
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 20180005907 A1) teaches a laser detection unit that collects a laser that has passed through a gap between wafers (Kim [0062] The laser detection unit 160 may include a laser collector 162, which detects or collects a laser L2 that is a portion of the laser L1 emitted from the laser emission unit 130 and has passed through a gap G between the wafers W1 to Wn (where n is a natural number greater than 1)) and is used to measure the thickness of wafers (Kim [0065] Referring to FIG. 4, in the laser L1 emitted by the laser emission unit 130, the length X1 of the emission area thereof in the horizontal direction 201 may be equal to or greater than the length of the wafer seating area S of the first to fourth pedestals 151 to 154. This serves to enable the measurement of the thickness of the wafers.), indicating that Kim inherently determines that a gap between wafers exists. Kim, as best understood by the Examiner, does not seem to fairly teach or suggest monitoring whether the wafers are in a laminated condition.
Li (CN 107799430 B) teaches a Wafer Position Detecting Method that includes scanning wafer position, and comparing the scanned position to a threshold value to determine if the wafer is in a lamination condition. Li does not seem to teach or suggest determining a gap between wafers as part of determining overlap/lamination.
Zhang et al. (CN 211507665, see IDS) discloses A Device For Automatically Detecting Splinter, Double-sheet And Prompting Alarm. Specifically, Zhang discloses using ultrasonic/photoelectric sensors to compare the measured travel time of a wafer to an expected travel time to determine if the wafer is in a laminated condition. Zhang does not seem to teach or suggest using the sensors to determine a gap between wafers or measuring the thickness of the wafers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN T BRYANT whose telephone number is (571)272-4194. The examiner can normally be reached Monday-Thursday and Alternate Fridays 7:00-4:30.
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/CHRISTIAN T BRYANT/Examiner, Art Unit 2857
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