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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 June 2026 has been entered.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 for all 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to 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 owned as of the effective filing 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.
Claim(s) 1-2, 4-5, 10-11, 15, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe et al. (US 2021/0038467) in view of Rudduck (US 2010/0212312).
In Reference to Claim 1
(See Van Der Merwe, Figure 4)
Van Der Merwe et al. (Van) discloses:
An actuator, comprising:
an outer body member (11); and
a push structure (6,7,26) operatively connected to the outer body member (11), the push structure (6,7,26) being configured to rotate (See Van, Paragraph [0042]), the push structure (6,7,26) including a platform (6,26) and a stem (7), whereby the push structure (6,7,26) is substantially T-shaped (e.g.-shaft 7 with wider platform 6,26 is substantially T shaped at least when viewed in a plan view), the platform including an engaging surface (6);
when activated, the actuator is configured to morph into an activated configuration in which a dimension of the actuator increases and such that a position of the push structure (6,7,26) changes. (See Van, Paragraphs [0042]-[0043]).
Van discloses the claimed invention except:
Wherein the outer body member including a first and second outer body member and the activated configuration has the first and second outer body members extending outward and away from each other to actuate linear motion and the engaging surface being substantially polygonal.
Rudduck discloses an actuator device. (See Rudduck, Abstract). Rudduck discloses a linear actuator wherein the outer body member includes a first and second outer body member and the activated configuration has the first and second outer body members extending outward and away from each other to actuate linear motion. (See Rudduck, Figures 1-2, Paragraphs [0038]-[0040])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the actuator or Rudduck as the linear actuator of Van, as both references are directed towards devices with linear actuation. One of ordinary skill in the art would have recognized that the linear actuator of Rudduck would have been a simple substitution of one known linear actuator for another that would yield the predictable result of linearly and accurately actuating the push structure of Van. Additionally, one of ordinary skill in the art would have recognized that the actuator of Rudduck would have been a silent and low weight option as the linear actuator of Van. (See Rudduck, Paragraph [0021]).
Even though Van does not disclose the engaging surface(s) being substantially polygonal, this engaging surface shape would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as a matter of design choice, absent criticality or unexpected results. Since there is no demonstrated motivation or reason for one of ordinary skill in the art to the above features at the specific engaging surface, one of ordinary skill in the art before the effective filing date of the claimed invention would have chosen from various engaging surface shapes based on suitability for the intended results. See MPEP § 2144.04.
In Reference to Claim 2
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
Wherein the push structure (6,7,26) is configured to rotate independently of the morphing of the actuator. (See Van, Paragraphs [0042]-[0043]).
The Examiner notes that the rotation can be independent of actuator morphing (i.e.-movement).
In Reference to Claim 4
The Van-Rudduck combination discloses:
Further including one or more contracting members, when an activation input is provided to the one or more contracting members, the one or more contracting members contract, thereby causing the actuator to morph into an activated configuration. (See Rudduck, Figure 11, Paragraph [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the actuator or Rudduck as the linear actuator of Van, as both references are directed towards devices with linear actuation. One of ordinary skill in the art would have recognized that the linear actuator of Rudduck would have been a simple substitution of one known linear actuator for another that would yield the predictable result of linearly and accurately actuating the push structure of Van. Additionally, one of ordinary skill in the art would have recognized that the actuator of Rudduck would have been a silent and low weight option as the linear actuator of Van. (See Rudduck, Paragraph [0021]).
In Reference to Claim 5
The Van-Rudduck combination discloses:
wherein the one or more contracting members are one or more shape memory material members. (See Rudduck, Paragraphs [0038]-[0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the actuator or Rudduck as the linear actuator of Van, as both references are directed towards devices with linear actuation. One of ordinary skill in the art would have recognized that the linear actuator of Rudduck would have been a simple substitution of one known linear actuator for another that would yield the predictable result of linearly and accurately actuating the push structure of Van. Additionally, one of ordinary skill in the art would have recognized that the actuator of Rudduck would have been a silent and low weight option as the linear actuator of Van. (See Rudduck, Paragraph [0021]).
In Reference to Claim 10
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
wherein the push structure (6,7,26) is configured to rotate simultaneously with the morphing of the actuator. (See Van, Paragraphs [0042]-[0043]).
The Examiner notes that the rotation can be simultaneous of actuator morphing (i.e.-movement).
In Reference to Claim 11
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
wherein the push structure (6,7,26) is configured to rotate after the actuator morphs into the activated configuration. (See Van, Paragraphs [0042]-[0043]).
The Examiner notes that the rotation can rotate after actuator morphing (i.e.-movement) into position.
In Reference to Claim 15
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
wherein the actuator further includes a motor (10) operatively connected to the push structure (6,7,26), and wherein rotation of the push structure (6,7,26) is caused by activating the motor (10). (See Van, Paragraphs [0042]-[0043]).
In Reference to Claim 17
(See Van Der Merwe, Figure 4)
Van discloses:
A method for an actuator, the actuator including an outer body member (11), the actuator including a push structure (6,7,26) operatively connected to the outer body member (11), the push structure (6,7,26) being configured to rotate, the push structure (6,7,26) including a platform (6,26) and a stem (7), whereby the push structure (6,7,26) is substantially T-shaped (e.g.-shaft 7 with wider platform 6,26 is substantially T shaped at least when viewed in a plan view), the platform (6,26) including an engaging surface (6), the method comprising:
causing the actuator to morph into an activated configuration in which a dimension of the actuator increases and such that a position of the push structure (6,7,26) changes (See Van, Paragraphs [0042]-[0043]); and
causing the push structure (6) to rotate (See Van, Paragraphs [0042]-[0043]).
Van discloses the claimed invention except:
Wherein the outer body member including a first and second outer body member and the activated configuration has the first and second outer body members extending outward and away from each other to actuate linear motion and the engaging surface being substantially polygonal.
Rudduck discloses an actuator device. (See Rudduck, Abstract). Rudduck discloses a linear actuator wherein the outer body member includes a first and second outer body member and the activated configuration has the first and second outer body members extending outward and away from each other to actuate linear motion. (See Rudduck, Figures 1-2, Paragraphs [0038]-[0040])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the actuator or Rudduck as the linear actuator of Van, as both references are directed towards devices with linear actuation. One of ordinary skill in the art would have recognized that the linear actuator of Rudduck would have been a simple substitution of one known linear actuator for another that would yield the predictable result of linearly and accurately actuating the push structure of Van. Additionally, one of ordinary skill in the art would have recognized that the actuator of Rudduck would have been a silent and low weight option as the linear actuator of Van. (See Rudduck, Paragraph [0021]).
Even though Van does not disclose the engaging surface(s) being substantially polygonal, this engaging surface shape would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as a matter of design choice, absent criticality or unexpected results. Since there is no demonstrated motivation or reason for one of ordinary skill in the art to the above features at the specific engaging surface, one of ordinary skill in the art before the effective filing date of the claimed invention would have chosen from various engaging surface shapes based on suitability for the intended results. See MPEP § 2144.04.
In Reference to Claim 18
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
Wherein the push structure (6,7,26) is configured to rotate independently of the morphing of the actuator. (See Van, Paragraphs [0042]-[0043]).
The Examiner notes that the rotation can be independent of actuator morphing (i.e.-movement).
In Reference to Claim 20
(See Van Der Merwe, Figure 4)
The Van-Rudduck combination discloses:
wherein the push structure (6,7,26) is configured to rotate simultaneously with the morphing of the actuator. (See Van, Paragraphs [0042]-[0043]).
The Examiner notes that the rotation can be simultaneous of actuator morphing (i.e.-movement).
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Merwe et al. (US 2021/0038467) in view of Rudduck (US 2010/0212312), further in view of Le et al. (US 2021/0161755).
In Reference to Claim 6
The Van-Rudduck combination discloses the claimed invention except:
further including one or more processors operatively connected to the one or more contracting members, whereby the one or more processors are configured to selectively activate the one or more contracting members, thereby causing the actuator to morph in the activated configuration.
Le et al. (Le) discloses a massaging apparatus. (See Le, Abstract). Le discloses one or more processors to control the massaging apparatus. (See Le, Paragraphs [0270] & [0275]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the processor of Le in the device of Van, as both references are directed towards massaging apparatuses. One of ordinary skill in the art would have recognized that the processor of Le would have allowed processing of inputs from the controller of Van and accurate control of the massaging device from the controller. (See Le, Paragraphs [0270] & [0275]).
In Reference to Claim 7
(See Van Der Merwe, Figures 1-2)
The Van-Rudduck combination as modified by Le discloses:
further including one or more power sources (3) operatively connected to supply electrical energy to the one or more contracting members, wherein the one or more processors are operatively connected to the one or more power sources (3), wherein the one or more processors are configured to selectively control a supply of electrical energy to the one or more contracting members. (See Van, Paragraph [0040] & Le, Paragraphs [0270] & [0275]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the processor of Le in the device of Van, as both references are directed towards massaging apparatuses. One of ordinary skill in the art would have recognized that the processor of Le would have allowed processing of inputs from the controller of Van and accurate control of the massaging device from the controller. (See Le, Paragraphs [0270] & [0275]).
The Examiner notes that the Van-Rudduck combination as modified by Le utilizes electrical power from the power source to run the processor and actuate the contracting members.
In Reference to Claim 8
The Van-Rudduck combination as modified by Le discloses:
further including one or more sensors configured to acquire sensor data, wherein the one or more sensors being operatively connected to the one or more processors, and wherein the one or more processors are configured to selectively cause the push structure to rotate based on sensor data acquired by the one or more sensors. (See Van, Paragraph [0040] & Le, Paragraphs [0270] & [0275]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the processor of Le in the device of Van, as both references are directed towards massaging apparatuses. One of ordinary skill in the art would have recognized that the processor of Le would have allowed processing of inputs from the controller of Van and accurate control of the massaging device from the controller. (See Le, Paragraphs [0270] & [0275]).
In Reference to Claim 9
(See Van, Figures 1-2)
The Van-Rudduck combination as modified by Le discloses:
further including one or more user input interfaces (2), wherein the one or more user input interfaces (2) are operatively connected to the one or more processors, and wherein the one or more processors are configured to selectively cause the push structure to rotate in response to an input provided on the one or more user input interfaces. (See Van, Paragraph [0040] & Le, Paragraphs [0270] & [0275]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the processor of Le in the device of Van, as both references are directed towards massaging apparatuses. One of ordinary skill in the art would have recognized that the processor of Le would have allowed processing of inputs from the controller of Van and accurate control of the massaging device from the controller. (See Le, Paragraphs [0270] & [0275]).
Allowable Subject Matter
Claim 3, 12-14, 16 and 19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or fairly suggest “wherein the morphing of the actuator induces the rotation of the push structure, whereby the rotation of the push structure is dependent upon the morphing of the actuator.” in claims 3 and 19, respectively; “wherein the actuator further includes a spring loaded spindle operatively positioned between the push structure and the outer body member.” in claim 12; “a shape memory material member being wrapped around an outer peripheral surface of the push structure a plurality of times, whereby, when activated, the shape memory material member contracts and causes the push structure to rotate, when activated, the actuator is configured to morph into an activated configuration in which the first and second outer body members extend outward and away from each other such that a dimension of the actuator increases and such that a position of the push structure changes.” in claim 13; “a portion of the shape memory material member being wrapped around an outer peripheral surface of the push structure, when an activation input is provided to the shape memory material member, the shape memory material member contracts, thereby causing the actuator to morph into an activated configuration and the push structure to rotate when activated, the actuator is configured to morph into an activated configuration in which the first and second outer body members extend outward and away from each other such that a dimension of the actuator increases and such that a position of the push structure changes.” in claim 14; and “wherein the actuator further includes a threaded rod operatively connected to the push structure, wherein, when morphing of the actuator causes the threaded rod and the push structure to rotate.” in claim 16.
Response to Arguments
Applicant's arguments filed 11 May 2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that the Van-Rudduck combination fails to disclose “the push structure including a platform and a stem, whereby the push structure is substantially T-shaped, the platform including an engaging surface, the engaging surface being substantially polygonal”, the Office respectfully disagrees.
Applicant argues that the Van-Rudduck combination does not disclose the push structure including a platform and a stem, whereby the push structure is substantially T-shaped, the platform including an engaging surface, the engaging surface being substantially polygonal. However, as noted in the rejections of claims 1 and 17 above, Van discloses a push structure which is substantially T-shaped (i.e.-the node structure mounted to the shaft of Van is wider than the shaft forming a substantially T-shaped structure) and additionally, that the platform of the push structure includes an engaging surface (i.e.-node surface). Even though Van does not disclose the engaging surface(s) being substantially polygonal, this engaging surface shape would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as a matter of design choice, absent criticality or unexpected results. Since there is no demonstrated motivation or reason for one of ordinary skill in the art to the above features at the specific engaging surface, one of ordinary skill in the art before the effective filing date of the claimed invention would have chosen from various engaging surface shapes based on suitability for the intended results. See MPEP § 2144.04. Accordingly, the Van-Rudduck combination discloses all of the features of claims 1 and 17, respectively.
Applicant argues that dependent claims 2, 4-11, 15, 17-18, and 20 overcome the rejection of record for at least the same reasons provided by Applicant with respect to the rejections of claims 1 and 17, respectively. Accordingly, the rejections of dependent claims 2, 4-11, 15, 17-18, and 20 are maintained for at least the reasons set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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