Prosecution Insights
Last updated: April 18, 2026
Application No. 18/116,419

ARTIFICIAL MUSCLES, ARTIFICIAL MUSCLE ASSEMBLIES, AND METHODS OF USING SAME

Non-Final OA §102
Filed
Mar 02, 2023
Examiner
NGUYEN, DUSTIN T
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Toyota Motor Engineering & Manufacturing North America, Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
332 granted / 460 resolved
+2.2% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
33 currently pending
Career history
493
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
37.8%
-2.2% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
32.7%
-7.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 460 resolved cases

Office Action

§102
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. Election/Restrictions Applicant’s election without traverse of Invention I (claims 1-8) in the reply filed on 12/08/2025 is acknowledged. Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/08/2025. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/02/2023 has been considered by the examiner. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-6, 8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by K eplinger (US 11486421). Keplinger discloses: 1. An artificial muscle comprising: a housing comprising an electrode region and an expandable fluid region (see annotated Keplinger Fig. 21C’) ; an electrode pair positioned in the electrode region of the housing, the electrode pair comprising a first electrode and a second electrode (924, 917 in Fig. 21A; see annotated Keplinger Fig. 21C’, limitations are annotated or apparent from the Figures) , the first electrode and the second electrode each comprising a pair of tapered tab portions and a bridge portion interconnecting the pair of tapered tab portions (see annotated Keplinger Fig. 21C’, limitations are annotated or apparent from the Figures) , the pair of tapered tab portions extending parallel to one another to define a gap portion between the pair of tapered tab portions, the tapered tab portions each having a first end proximate to the expandable fluid region and an opposite second end proximate the electrode region (see annotated Keplinger Fig. 21C’, limitations are annotated or apparent from the Figures) , each of the second ends tapering in a direction opposite the expandable fluid region (it should be noted that the term “tapered tab portion” is able to be interpreted to be a part of a structure that includes a tapered section , see annotated Keplinger Fig. 21C’ ; absent further limitations, the small portion that includes the taper ed sections in the direction away from the expandable fluid region appears to meet this limitation ) ; and a dielectric fluid (912, see Fig. 21) housed within the housing, wherein the electrode pair is actuatable between a non-actuated state and an actuated state such that actuation from the non-actuated state to the actuated state directs the dielectric fluid into the expandable fluid region (see Fig. 21A-21C, shows a “Voltage on” actuated state that has a shorter overall length relative to the “Voltage off” unactuated state of the device) . 2. The artificial muscle of claim 1, wherein the housing comprises a first film layer and a second film layer partially sealed to one another to define a sealed portion of the housing (Col. 21 lines 9-23) , the housing further defining an unsealed portion surrounded by the sealed portion, wherein the electrode region and the expandable fluid region of the housing are disposed in the unsealed portion ( Col. 21, “pouches” with the dielectric fluid are formed between the sealed potions, see Fig. 27A, step 3 ). 3. The artificial muscle of claim 2, wherein the first film layer and the second film layer each comprise one or more biaxially oriented polypropylene films (Col. 20 lines 63-67, Col. 21 lines 1-22) . 4. The artificial muscle of claim 1, further comprising a first electrical insulator layer vacuum heat sealed to an inner surface of the first electrode and a second electrical insulator layer vacuum heat sealed to an inner surface of the second electrode (Col. 21) . 5. The artificial muscle of claim 1, wherein the first electrode and the second electrode are each an aluminum-coated polyester electrode (Col. 20, lines 63-67Col. 21 lines 1-25) 6. The artificial muscle of claim 1, wherein: when the electrode pair is in the non-actuated state, the first electrode and the second electrode are non-parallel to one another (see Fig. 21A , first and second electrodes 916, 917 are non-parallel in the voltage off, non-actuated state) ; and when the electrode pair is in the actuated state, the first electrode and the second electrode are parallel to one another, such that the first electrode and the second electrode are configured to zipper toward one another when actuated from the non-actuated state to the actuated state (Fig. 21A discloses the non- parallel state in the unactuated state and becoming parallel in the actuated state , Col. 19 lines 1-6 discloses the actuators illustrated in Figs. 21A-21C may utilize a zipping mechanism as described below in relation to Figs. 36A-44E ). 8. The artificial muscle of claim 1, wherein the first electrode and the second electrode are equal in dimension (see Figs. 21A-21C, electrodes appear equal in dimension ) . Allowable Subject Matter Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not appear to disclose nor render obvious t he artificial muscle of claim 1, wherein the housing comprises a first reinforcing layer and a second reinforcing layer positioned substantially within the expandable fluid region, the first reinforcing layer at least partially overlaps the bridge portion of the first electrode, and the second reinforcing layer at least partially overlaps the bridge portion of the second electrode. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zou et al. (US 12023806), Rowe et al. (US 11949349), Rowe et al. (US 11491647), Acome et al. (US 2023/0091400) discloses a soft electrohydrodynamic actuator with electrodes, a dielectric fluid, and a flexible housing Rowe et al. (US 12199527), Rutledge et al. (US 12199528) discloses a similar device but without a pair of tapered tab portions Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Dustin T Nguyen whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-0163 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M - F: 8:00am - 4:30pm . 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Nathaniel E. Wiehe can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-8648 . 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://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing 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. /DUSTIN T NGUYEN/ Primary Examiner, Art Unit 3745 February 2, 2026
Read full office action

Prosecution Timeline

Mar 02, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
90%
With Interview (+18.0%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 460 resolved cases by this examiner. Grant probability derived from career allow rate.

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