DETAILED CORRESPONDENCE
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/24/2026 has been entered.
Response to Amendment
The amendment filed 06/24/2026 has been entered. Claims 1-4 and 7-17 remain pending in the application.
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.
Claim 10 is 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 pre-AIA the applicant regards as the invention.
Claim 10 recite the limitation “the end portion of the SMM member includes an end, and wherein the end is located outside of the housing”. It is unclear if this limitation is referring to “an end of the end portion of the SMM member” recited in claim 1, or if this limitation requires an additional end.
Claim Rejections - 35 USC § 103
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.
Claim 1-4 and 7-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zavattieri (US 20100092238 A1) in view of Payne (US 3527487 A).
Regarding claim 1, Zavattieri discloses a system (see Fig. 1, 2 and 6), comprising: an eyelet (eyelet of 12; see paragraph [0052], wherein “The crimp 26 includes a fastening section 28 configured to facilitate removable interconnection (i.e., facile or manual connection and disconnection) between the active material assembly 14 and adjacent structural members 12. More particularly, in this configuration, a flat "O"-shaped section 28 is provided and configured to receive a fastener (not shown), as is known in the art”. As such, structural member 12 inherently includes an eyelet to receive a fastener) including a surface (surface of the eyelet of 12) and defining an aperture (aperture of the eyelet of 12); a housing (see Fig. 1; 16 and see annotated Fig. 6 below; A. Note that paragraph [0051] reads “the reinforcing connector 16 is presented by a flattened ring terminal crimp 26“ and paragraph [0057] reads “In another embodiment shown in FIG. 6…the wire loops 54 form the fastening sections 28 of the assembly 14”); a shape memory material (SMM) member (24; see paragraph [0072], wherein “shape memory wires 24” are disclosed), an end portion of the SMM member (see Fig. 6; 54) extending through the housing, on the surface of the eyelet in a loop about the aperture, and back through the housing such that an end of the end portion of the SMM member extends outside of the housing (see Fig. 6), the housing being deformed around and crushed against the SMM member extending through the housing (see paragraph [0057], wherein “The through spans 50 are then aligned with the bent over portions 52 of the wires 24 and axis-symmetrically crimped, so as to compress a plurality of 2n wire segments and form ellipsoidal loops 54 at the ends); and a fastener (fastener of 12) received in the aperture such that a portion of the SMM member is secured between the surface of the eyelet and the fastener (see paragraph [0052], wherein “The crimp 26 includes a fastening section 28 configured to facilitate removable interconnection (i.e., facile or manual connection and disconnection) between the active material assembly 14 and adjacent structural members 12. More particularly, in this configuration, a flat "O"-shaped section 28 is provided and configured to receive a fastener (not shown), as is known in the art” and see paragraph [0057] reads “In another embodiment shown in FIG. 6…the wire loops 54 form the fastening sections 28 of the assembly 14”). Zavattieri fails to disclose a crushed sleeve disposed entirely within the housing. However, Payne teaches a crushed sleeve (see Fig. 4-6; 12) disposed entirely within the housing (15). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Zavattieri with a crushed sleeve, as taught by Payne, in order to develop maximum tensile efficiency of wire strand having a turnback loop-end secured with a compression fitting, it is necessary to restrict slippage of the strand under the fittings and to eliminate distortion to the main body (or live end) of the strand. It is particularly important that distortion of the live end of the strand be substantially eliminated (see column 2 lines 38-44). As a result of the combination, the following limitations would necessarily result: the end portion of the SMM member (Zavattieri; 54) that extends back through the housing (Zavattieri; A) being the only portion of the SMM member received within the crushed sleeve (Payne; 12).
Regarding claim 2, Zavattieri discloses the housing (A) is adjacent to an outside surface of the eyelet (outside surface of the eyelet of 12).
Regarding claim 3, Zavattieri discloses the housing (A) is operatively connected to the eyelet (eyelet of 12).
Regarding claim 4, Zavattieri discloses the SMM member (24) is a shape memory alloy wire (see paragraph [0072], wherein “shape memory wires 24” are disclosed).
Regarding claim 7, Zavattieri discloses an actuator (see Fig. 1; 14), the SMM member (24) being a portion of the actuator (see Fig. 1; 10), whereby, when an activation input is provided to the SMM member, the SMM member contracts, thereby causing the actuator to morph into an activated configuration (see paragraph [0034], wherein “FIGS. 1 and 1a, for example, shows a conventional scissor lift structure 10 having a fixed and free end, and comprising a plurality of members 12 pivotably connected at their ends and midpoints. The lift 10 incorporates an active material assembly (e.g., "actuator") 14 configured to cause the upper end to collapse and descend upon activation”).
Regarding claim 8, Zavattieri discloses the housing (see Fig. 1; 16 and see annotated Fig. 6 below; A) further comprises an electrical contact (see paragraph [0035], wherein “the leads 22 preferably engage the actuator 14 at the distal connectors 16, so as to deliver an electric current through the resistance of the element 24) to transmit the activation input from a power source (20) to the SMM member (24).
Regarding claim 9, Zavattieri discloses the fastener (fastener of 12) is operatively connected to an actuator body (12).
Regarding claim 10, Zavattieri discloses the end portion of the SMM member (24) includes an end (see annotated Fig. 6 below; B), and wherein the end is located outside of the housing (A).
Regarding claim 11, Zavattieri discloses the eyelet (eyelet of 12) is external to the housing (A).
Regarding claim 12, Zavattieri discloses an opening of the housing (opening of A) is adjacent and tangential to an outside surface of the eyelet (outside surface of the eyelet of 12).
Regarding claim 13, Zavattieri fails to disclose a portion of an interior surface of the housing is flush with the surface of the eyelet. However, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, the placement of the housing of Zavattieri would not change the operation of the actuator. Additionally, it would have been obvious to one having ordinary skill in the art as of the effective filing date to modify the housing of Zavattieri to be flush with the surface of the eyelet, to reduce any play in the SMM wire and reduce rotation of the wire loop around the fastener which could change the distance of actuation.
Regarding claim 14, Zavattieri discloses the housing (A) has an enclosed cross-sectional shape and an interior volume (see Fig. 6).
Regarding claim 15, Zavattieri discloses the housing (A) compresses the SMM member (24) extending through the housing (see paragraph [0057], wherein “The through spans 50 are then aligned with the bent over portions 52 of the wires 24 and axis-symmetrically crimped, so as to compress a plurality of 2n wire segments and form ellipsoidal loops 54 at the ends).
Claim 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zavattieri (US 20100092238 A1) in view of Payne (US 3527487 A) and JZK.
Regarding claim 16, Zavattieri fails to disclose outer edges of the housing have a larger cross-sectional shape than a middle portion of the housing. However, JZK teaches outer edges of the housing (JZK, outer edges of housing) have a larger cross-sectional shape than a middle portion of the housing (JZK, middle portion of housing). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Zavattieri with outer edges of the housing having a larger cross-sectional shape than a middle portion of the housing, as taught by JZK, to crimp the housing in the middle of the housing where the cables and the sleeve are located, therefore resulting in higher holding force of the housing.
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zavattieri (US 20100092238 A1) in view of Payne (US 3527487 A) and Wu.
Regarding claim 17, Zavattieri fails to disclose the SMM member includes an insulating coating or an insulating sleeve. However, Wu teaches the SMM member includes an insulating coating or an insulating sleeve (see Abstract, polyurethane coating). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Zavattieri with an insulating coating or an insulating sleeve, as taught by Wu, to provide long term insulating coating to the wire to reduce the risk of short circuit; to enable the wire to work smoothly by relieving overshooting and vibration phenomena during execution; and to enable the wire to work in a wider current range than an uncoated wire (see Abstract).
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1 - Zavattieri (US 20100092238 A1) Fig. 6 Annotated
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejections that were necessitated by an amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618
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