Prosecution Insights
Last updated: April 19, 2026
Application No. 18/430,274

VARIABLY CONTROLLABLE INSTRUMENT

Non-Final OA §102§112
Filed
Feb 01, 2024
Examiner
DUNLAP, JONATHAN M
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Plitzie LLC
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
673 granted / 886 resolved
+8.0% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
915
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
20.7%
-19.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 886 resolved cases

Office Action

§102 §112
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 Objections Claims 1 and 6 are objected to because of the following informalities: Considering claim 1, the phrase “a eighth hole at a location” in line 18 of Page 2 of the claims filed on 2/1/2024, should be rewritten as “an eleventh hole at a location”. Appropriate correction is required. Considering claim 1, the phrase “a eleventh hole at a location” in line 6 of Page 3 of the claims filed on 2/1/2024, should be rewritten as “an eleventh hole at a location”. Appropriate correction is required. Considering claim 6, the phrase “a eighth hole at a location” in the third to last line of Page 4 of the claims filed on 2/1/2024, should be rewritten as “an eleventh hole at a location”. Appropriate correction is required. Considering claim 6, the phrase “a substantially flat second posterior surface:” at the end of Page 4 of the claims filed on 2/1/2024, should be rewritten as “a substantially flat second posterior surface;”. Considering claim 6, the phrase “a eleventh hole at a location” in line 12 of Page 5 of the claims filed on 2/1/2024, should be rewritten as “an eleventh hole at a location”. Appropriate correction is required. Considering claim 6, the phrase “a substantially flat third posterior surface:” in line 12 of Page 5 of the claims filed on 2/1/2024, should be rewritten as “a substantially flat third posterior surface;”. Considering claim 6, the enumeration of locations of the holes on the anterior surfaces is inconsistent across the first, second and third structures and causes confusion. For example, in the first and second structures, the holes are at corresponding locations on the anterior surface, i.e., first hole at a first location, eighth hole at an eighth location…etc.; however, in the third structure, the locations are not in sync, i.e., ninth hole at a fifth location, twelfth hole at an eighth location. It is suggested, since each anterior surface is already being delimited by “first”, “second”, or “third”, the Applicant could simply refer to each structure having their respective holes placed at first, second, third and fourth locations on each of the first, second and third anterior surface. Alternatively, Applicant can continue the same naming convention, whereby the ninth hole is at a ninth location, tenth hole is at a tenth location…etc. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cord comprising rivets, in accordance with claims 4, 9 and 14; the first and second springs, in accordance with claim 6; and the first and second springs, in accordance with claim 11, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it 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 such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it 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. Claims 4, 9 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing 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 convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim language “the cord comprises rivets” is unsupported by the specification. Based on the abstract, “Cords or rivets are threaded through the aligned holes”, which indicate that at the time of filing, the Applicant used rivets or cords in the alternative, not using a cord that was comprised of rivets. Furthermore, in [0011] of the originally filed specification, “Cords, tubes, cylinders, wiring, tools, rivets, or other materials are threaded through the aligned holes”, which again indicates the cords were not comprised of rivets, but rather used in the alternative. No reasonable interpretation can be made for a cord comprising rivets. Accordingly, claims 4, 9 and 14 are not being reviewed on the merits at this time. 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 2, 5, 7, 12 and 15 are 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. Considering claim 2, the phrase “modified oloid structure” has no ordinary and customary meaning to those of ordinary skill in the art. A review of the specification finds no provided meaning for the terminology. There is no mention of the phrase “modified oloid” outside of the claim itself. Accordingly, the phrase itself is considered indefinite. The broadest reasonable interpretation that can be made is simply any structure that is not a strict oloid. Claim 2 recites the limitation “the first origami-type structure” in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 contains a first, second and third “modified origami structure”, but lacks a mention of a first origami-type structure. Claim 5 recites the limitation “the first origami-type structure” in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 contains a first, second and third “modified origami structure”, but lacks a mention of a first origami-type structure. Considering claim 7, the phrase “modified oloid structure” has no ordinary and customary meaning to those of ordinary skill in the art. A review of the specification finds no provided meaning for the terminology. There is no mention of the phrase “modified oloid” outside of the claim itself. Accordingly, the phrase itself is considered indefinite. The broadest reasonable interpretation that can be made is simply any structure that is not a strict oloid. Considering claim 12, the phrase “modified oloid structure” has no ordinary and customary meaning to those of ordinary skill in the art. A review of the specification finds no provided meaning for the terminology. There is no mention of the phrase “modified oloid” outside of the claim itself. Accordingly, the phrase itself is considered indefinite. The broadest reasonable interpretation that can be made is simply any structure that is not a strict oloid. Claim 15 recites the limitation "the structure" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 contains a first, second and third “modified origami structure”, but it is unclear to which structure claim 15 would be referring. Perhaps this claim should be dependent upon claim 11, since claim 5 already presents similar subject matter, as it relates to claim 1. 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. Claims 1-3, 5-8, 10-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Banik et al. (US 8608648 B2). Considering claim 1, Banik discloses an apparatus, comprising: - a first axis extending axially along an axial direction (Z); - a second axis extending transversely along a first transverse direction (X), X being substantially perpendicular to Z; - a third axis extending transversely along a second transverse direction (Y), Y being substantially perpendicular to X, Y further being substantially perpendicular to Z (Figures 23O and 23P, annotated below) PNG media_image1.png 531 611 media_image1.png Greyscale - a first modified origami-type structure 1202 comprising (1st in Figure 23P; Figures 23N-23P; Column 34, lines 33-64): - a first anterior end at a first axial location (+Z), the first anterior end comprising: - a substantially flat first anterior surface 1207 comprising: - a first anterior major axis along X; and - a first anterior minor axis along Y; - a first hole 1210 at a location +X on the first anterior surface, the first hole extending axially through the first modified origami-type structure; and - a second hole 1210 at a location −X on the first anterior surface, the second hole extending axially through the first modified origami-type structure; and - a first posterior end at a second axial location (−Z), the first posterior end comprising: - a substantially flat first posterior surface 1207 comprising: - a first posterior major axis along Y; and - a first posterior minor axis along X; - a third hole 1210 at a location +Y on the first posterior surface, the third hole extending axially through the first modified origami-type structure; and - a fourth hole 1210 at location −Y on the first posterior surface, the fourth hole extending axially through the first modified origami-type structure (Figures 23N-23P; Column 34, lines 33-64); - a second modified origami-type structure 1202 comprising (2nd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64): - a second anterior end at the second axial location, the second anterior end adapted to contact the first posterior end, the second anterior end comprising: - a substantially flat second anterior surface 1207 adapted to contact the first posterior surface, the second anterior surface being in alignment with the first posterior surface, the second anterior surface comprising: - a second anterior major axis along Y; and - a second anterior minor axis along X; - a fifth hole 1210 at a location +Y on the second anterior surface, the fifth hole extending axially through the second modified origami-type structure; and - a sixth hole 1210 at a location −Y on the second anterior surface, the sixth hole extending axially through the second modified origami-type structure; and - a second posterior end located at a third axial location, the second posterior end comprising: - a substantially flat second posterior surface 1207 comprising: - a second posterior major axis along X; and - a second posterior minor axis along Y; - a seventh hole 1210 at a location +X on the first posterior surface, the seventh hole extending axially through the second modified origami-type structure; and - a eighth hole 1201 at location −X on the first posterior surface, the eighth hole extending axially through the second modified origami-type structure; - a third modified origami-type structure 1202 comprising (3rd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64): - a third anterior end at the third axial location, the third anterior end adapted to contact the second posterior end, the third anterior end comprising: - a substantially flat third anterior surface 1207 adapted to contact the second posterior surface, the third anterior surface being in alignment with the second posterior surface, the third anterior surface comprising: - a third anterior major axis along X; and - a third anterior minor axis along Y; - a ninth hole 1210 at a location +X on the third anterior surface, the ninth hole extending axially through the third modified origami-type structure; and - a tenth hole 1210 at a location −X on the third anterior surface, the ninth hole extending axially through the third modified origami-type structure; and - a third posterior end located at a fourth axial location, the third posterior end comprising: - a substantially flat third posterior surface 1207 comprising: - a third posterior major axis along Y; and - a third posterior minor axis along X; - a eleventh 1210 hole at a location +Y on the third posterior surface, the eleventh hole extending axially through the third modified origami-type structure; and - a twelfth hole 1210 at location −Y on the third posterior surface, the twelfth hole extending axially through the third modified origami-type structure; - a first cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the first hole, the first cord further being threaded through the fifth hole, the first cord further being threaded through the ninth hole; - a second cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the second hole, the first cord further being threaded through the sixth hole, the first cord further being threaded through the tenth hole; - a third cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the third hole, the first cord further being threaded through the seventh hole, the first cord further being threaded through the eleventh hole; and - a fourth cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the fourth hole, the first cord further being threaded through the eighth hole, the first cord further being threaded through the twelfth hole. Considering claim 2, Banik discloses that the first origami-type structure is a modified oloid structure (Figures 23N-23P). Considering claim 3, Banik discloses that the cord (Control cable) comprises twine, wire, tube, or flexible cylinder (Column 1, lines 48-51, cables include wire; Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41). Considering claim 5, Banik discloses that the first origami-type structure comprises at least one selected from the group consisting of: oloid, sphericon, gyrobicupola, gyrobiprism, a Johnson solid that exhibits a gyro-bi configuration, or any other convex or concave solid that exhibits a gyro-bi configuration (Figures 23N-23P; Column 34, lines 33-64): Considering claim 6, discloses an apparatus, comprising: -a first structure (1st in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) comprising: - a substantially flat first anterior surface 1207 comprising: - a first hole 1210 at a first location on the first anterior surface, the first hole extending axially through the first structure; - a second hole 1210 at a second location on the first anterior surface, the second hole extending axially through the first structure; - a third hole 1210 at a third location on the first anterior surface, the third hole extending axially through the first structure; and - a fourth hole 1210 at fourth location on the first anterior surface, the fourth hole extending axially through the first structure; and - a substantially flat first posterior surface 1207; - a first spring (See Figure 23Q) comprising: - a first spring anterior end connected to the first posterior surface; and - a first spring posterior end (Figure 23Q; Column 34, line 65 – Column 35, line 12); - a second structure (2nd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) comprising: - a substantially flat second anterior surface 1207 connected to the first spring posterior end (See Figure 23Q), the second anterior surface comprising: - a fifth hole 1210 at a fifth location on the second anterior surface, the fifth hole extending axially through the second structure; - a sixth hole 1210 at a sixth location on the second anterior surface, the sixth hole extending axially through the second structure; - a seventh hole 1210 at a seventh location on the second anterior surface, the seventh hole extending axially through the second structure; and - a eighth hole 1210 at an eighth location on the second anterior surface, the eighth hole extending axially through the second structure; and - a substantially flat second posterior 1207 surface: - a second spring (See Figure 23Q) comprising: - a second spring anterior end connected to the second posterior surface; and - a second spring posterior end (Figure 23Q; Column 34, line 65 – Column 35, line 12); - a third structure (3rd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) comprising: - a substantially flat third anterior surface 1207 connected to the second spring posterior end (See Figure 23Q), the third anterior surface comprising: - a ninth hole 1210 at a fifth location on the third anterior surface, the ninth hole extending axially through the third structure; - a tenth hole 1210 at a sixth location on the third anterior surface, the tenth hole extending axially through the third structure; - an eleventh hole 1210 at a seventh location on the third anterior surface, the eleventh hole extending axially through the third structure; and - a twelfth hole 1210 at an eighth location on the third anterior surface, the twelfth hole extending axially through the third structure; and - a substantially flat third posterior surface 1207: - a first cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the first hole, the first cord further being threaded through the fifth hole, the first cord further being threaded through the ninth hole; - a second cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the second hole, the first cord further being threaded through the sixth hole, the first cord further being threaded through the tenth hole; - a third cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the third hole, the first cord further being threaded through the seventh hole, the first cord further being threaded through the eleventh hole; and - a fourth cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the fourth hole, the first cord further being threaded through the eighth hole, the first cord further being threaded through the twelfth hole. Considering claim 7, Banik discloses that the first origami-type structure is a modified oloid structure (Figures 23N-23P). Considering claim 8, Banik discloses that the cord (Control cable) comprises twine, wire, tube, or flexible cylinder (Column 1, lines 48-51, cables include wire; Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41). Considering claim 10, Banik discloses that the first structure 1202 comprises at least one selected from the group consisting of: oloid, sphericon, gyrobicupola, gyrobiprism, a Johnson solid that exhibits a gyro-bi configuration, or any other convex or concave solid that exhibits a gyro-bi configuration (Figures 23N-23P; Column 34, lines 33-64): Considering claim 11, discloses an apparatus extending axially along a predefined axis, comprising: - a first structure (1st in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) comprising: - a first structure anterior end 1207 comprising: - a first hole 1210 at a first location on the first structure anterior end, the first hole extending axially through the first structure; and - a first structure posterior end 1207; - a first spring (See Figure 23Q) comprising: - a first spring anterior end connected to the first structure posterior end; and - a first spring posterior end (Figure 23Q; Column 34, line 65 – Column 35, line 12); - a second structure (2nd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) pivotally connected to the first structure, the second structure comprising: - a second structure anterior end connected to the first spring posterior end (See Figure 23Q), the second structure anterior end 1207 comprising: - a second hole 1210 at a second location on the second structure anterior end, the second hole extending axially through the second structure; - a second structure posterior end 1207: - a second spring (See Figure 23Q) comprising: - a second spring anterior end connected to the second structure posterior surface; and - a second spring posterior end (Figure 23Q; Column 34, line 65 – Column 35, line 12); - a third structure (3rd in Figure 23P; Figures 23N-23P; Column 34, lines 33-64) comprising: - a third structure anterior end 1207 connected to the second spring posterior end (See Figure 23Q), the third structure anterior surface comprising: - a third hole 1210 at a third location on the third structure anterior end, the third hole extending axially through the third structure; - a cord (Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41) threaded through the first hole, the first cord further being threaded through the second hole, the first cord further being threaded through the third hole. Considering claim 12, Banik discloses that the first origami-type structure is a modified oloid structure (Figures 23N-23P). Considering claim 13, Banik discloses that the cord (Control cable) comprises twine, wire, tube, or flexible cylinder (Column 1, lines 48-51, cables include wire; Control Cable, not shown in Figures 23N-23P, but referenced in Column 34, line 38-39, and shown in Figures 19B as 890a,b,c,d; Column 30, lines 39-41). Considering claim 15, Banik discloses that the first origami-type structure comprises at least one selected from the group consisting of: oloid, sphericon, gyrobicupola, gyrobiprism, a Johnson solid that exhibits a gyro-bi configuration, or any other convex or concave solid that exhibits a gyro-bi configuration (Figures 23N-23P; Column 34, lines 33-64): Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The various cited prior art show different configurations/shapes of snake-type robotic linkages offering gyro-bi configuration with and without the use of a gimbal. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan M Dunlap whose telephone number is (571)270-1335. The examiner can normally be reached Mon-Fri 10AM - 7PM. 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, Peter Macchiarolo can be reached at 571-272-2375. 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. /JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 January 9, 2026
Read full office action

Prosecution Timeline

Feb 01, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection — §102, §112 (current)

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Expected OA Rounds
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2y 5m
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