DETAILED ACTION
This application is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 50 and 51 are rejected on the ground of nonstatutory double patenting over Claims 4 and 30 of U.S. Patent No. 11,967,882 since Claims 50 and 51, if allowed, would improperly extend the “right to exclude” already granted U.S. Patent No. 11,967,882.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: the structure recited in Claim 50 is nearly identical to the structure of Claim 4 of U.S. Patent 11,967,882 (i.e., the only difference between the claims is pending Claim 50 requires “a motor ground coupled to the actuator ground” and Claim 4 of ‘882 requires “a motor ground constrained to the actuator ground”) and pending Claim 51 and Claim 30 of ‘882 recite methods for using the corresponding structure of pending Claim 50 and Claim 4 of ‘882.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Drawings
The drawings are acceptable.
Claim Rejections - 35 U.S.C. § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7-9, 21, 23-25, 27-29, 33-34, 38, 46-48, and 50-51 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by U.S. Patent No. 11,623,348 B2 to Kim et al., which discloses:
Claim 1: A radial stacked actuator, comprising:
an actuator ground 52;
a motor 100 comprising a motor ground 42 constrained coupled to the actuator ground 52 with one or more rotational degrees of freedom;
a spring 360 coupled between the motor ground 42 and the actuator ground 52, the spring 360 configured to deflect as the motor ground 42 rotates relative to the actuator ground 52;
an actuator output 240; and
a spring displacement sensor 334 configured to measure a displacement of the motor ground 42 relative to the actuator ground 52 (see Col. 4, Lines 38-40).
Claim 7: The radial stacked actuator of claim 1, further comprising an actuator output sensor 105B.
Claim 8: The radial stacked actuator of claim 7, wherein the actuator output sensor 105B is configured to determine an angular displacement of the actuator output 52 relative to the motor ground (see Col. 7, Lines 37-46).
Claim 9: The radial stacked actuator of claim 8, wherein respective outputs of the spring displacement sensor 334 and the actuator output sensor 105B are configured to determine a position of the actuator output 240 relative to the actuator ground 52.
Claim 21: The radial stacked actuator of claim 50, wherein the spring 360 is a first spring, the actuator further comprising a second spring 360 positioned between the gearbox 200 and the actuator output 52.
Claim 23: The radial stacked actuator of claim 1, further comprising an actuator housing 52 that comprises the actuator ground 52.
Claim 24: The radial stacked actuator of claim 23, wherein the actuator housing 52 comprises a cylindrical housing defined by a circumference that varies along a longitudinal axis of the actuator housing (see FIG. 4).
Claim 25: The radial stacked actuator of claim 50, wherein each of the motor 100, the gearbox 200, and the actuator output 240 comprises a circular cross-section defined by a dimension that varies along a respective longitudinal axis (see FIG. 4).
Claim 27: A method, comprising:
operating a radial stacked actuator, comprising:
an actuator ground 52,
a motor 100 comprising a motor ground 42 coupled to the actuator ground 52,
a spring 360 coupled between the motor ground 42 and the actuator ground 52, and
an actuator output 240;
during operation, rotating the motor ground 42 relative to the actuator ground 52 with one or more rotational degrees of freedom;
measuring a displacement of the motor ground 42 relative to the actuator ground 52 with a spring displacement sensor 334; and
based on the relative movement of the motor ground 42 and actuator ground 52, deflecting the spring 360 (see Col. 4, Lines 38-40).
Claim 28: The method of claim 27, wherein a load path defined from the actuator ground 52 to the actuator output 240 is radial.
Claim 29: The method of claim 27, wherein the spring 360 comprises a planar torsion spring.
Claim 33: The method of claim 27, further comprising an actuator output sensor 105B, the method further comprising determining an angular displacement of the actuator output 52 relative to the motor ground 42 with the actuator output sensor 105B (see Col. 7, Lines 37-46).
Claim 34: The method of claim 33, further comprising determining a position of the actuator output 240 relative to the actuator ground 52 with respective outputs of the spring displacement sensor 334 and the actuator output sensor 105B (see Col. 7, Lines 37-46 and Col. 4, Lines 38-40).
Claim 38: The method of claim 37, wherein the harmonic drive comprises:
a circular spline that is fixed relative to the motor ground;
a wave generator that rotates with a motor output;
a flex spline that is coupled to the actuator output; and
a wave generator bearing configured to receive the wave generator contact the flex spline based on a position of the wave generator to cause the flex spline to mesh with the circular spline (see FIG. 4).
Claim 46: The method of claim 27, wherein the radial stacked actuator further comprises an actuator housing 52 that comprises the actuator ground 52.
Claim 47: The method of claim 46, wherein the actuator housing 52 comprises a cylindrical housing defined by a circumference that varies along a longitudinal axis of the actuator housing (see FIG. 4).
Claim 48: The method of claim 51, wherein each of the motor 100, the gearbox 200, and the actuator output 240 comprises a circular cross-section defined by a dimension that varies along a respective longitudinal axis.
Claim 50: The radial stacked actuator of claim 1, comprising a gearbox 200 coupled to the motor 100 at an input of the gearbox 200, wherein the actuator output 240 is coupled to the gearbox 200.
Claim 51: The method of claim 27, wherein the radial stack actuator comprises a gearbox 200 coupled to the motor 100 at an input of the gearbox, wherein the actuator output 240 is coupled to the gearbox 200.
Claims 1-3, 5-6, 10-13, 21, 23, 26-32, 35-38, 46, and 49-51 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Patent No. 9,239,100 B1 to Weber et al., which discloses:
Claim 1: A radial stacked actuator, comprising:
an actuator ground 208;
a motor 102 comprising a motor ground 204 constrained coupled to the actuator ground 208 with one or more rotational degrees of freedom (see FIG. 2);
a spring 202 coupled between the motor ground 204 and the actuator ground 208, the spring 202 configured to deflect as the motor ground 104 rotates relative to the actuator ground 208;
an actuator output 106; and
a spring displacement sensor 112 (502 and 504 shown in FIG. 5) configured to measure a displacement of the motor ground 204 relative to the actuator ground 208.
Claim 2: The radial stacked actuator of claim 1, wherein a load path defined from the actuator ground 208 to the actuator output 106 is radial.
Claim 3: The radial stacked actuator of claim 1, wherein the spring comprises a planar torsion spring (see Col. 6, Lines 2-3 “the springs 202 may be machined linear springs”).
Claim 5: The radial stacked actuator of claim 1, wherein the spring displacement sensor 112 comprises a capstan-reduction encoder configured to amplify a torque resolution.
Claim 6: The radial stacked actuator of claim 1, wherein the spring displacement sensor is configured to measure at least one of a total force or torque applied by the actuator.
Claim 10: The radial stacked actuator of claim 1, wherein the one or more rotational degrees of freedom is a single degree of rotational freedom.
Claim 11: The radial stacked actuator of claim 50, wherein the gearbox 104 is circumferentially contained within the motor ground 204 (see FIG. 2).
Claim 12: The radial stacked actuator of claim 50, wherein the gearbox 104 comprises a harmonic drive (see Col. 5, Line 4).
Claim 13: The radial stacked actuator of claim 12, wherein the harmonic drive comprises:
a circular spline that is fixed relative to the motor ground;
a wave generator configured to rotate with a motor output;
a flex spline that is coupled to the actuator output; and
a wave generator bearing configured to receive the wave generator contact the flex spline based on a position of the wave generator to cause the flex spline to mesh with the circular spline spine (see FIG. 4).
Claim 21: The radial stacked actuator of claim 50, wherein the spring 202 is a first spring, the actuator further comprising a second spring positioned between the gearbox 104 and the actuator output 106 (see FIG. 3).
Claim 23: The radial stacked actuator of claim 1, further comprising an actuator housing 110 that comprises the actuator ground 208 (see FIG. 2).
Claim 26: The radial stacked actuator of claim 1, wherein the actuator ground 208 is configured to fix to a first portion of a humanoid robot, and the actuator output 106 is configured to fix to a second portion of the humanoid robot (see FIG. 6A).
Claim 27: A method, comprising:
operating a radial stacked actuator, comprising:
an actuator ground 208,
a motor 102 comprising a motor ground 104 coupled to the actuator ground 208,
a spring 202 coupled between the motor ground 104 and the actuator ground 208, and
an actuator output 106;
during operation, rotating the motor ground 104 relative to the actuator ground 208 with one or more rotational degrees of freedom;
measuring a displacement of the motor ground 104 relative to the actuator ground 208 with a spring displacement sensor 112 (502 and 504 shown in FIG. 5); and
based on the relative movement of the motor ground 104 and actuator ground 208, deflecting the spring 202.
Claim 28: The method of claim 27, wherein a load path defined from the actuator ground 208 to the actuator output 106 is radial.
Claim 29: The method of claim 27, wherein the spring comprises a planar torsion spring (see Col. 6, Lines 2-3 “the springs 202 may be machined linear springs”).
Claim 30: The method of claim 27, wherein the radial stacked actuator further comprises the spring displacement sensor 112.
Claim 31: The method of claim 27, wherein the spring displacement sensor 112 comprises a capstan-reduction encoder configured to amplify a torque resolution.
Claim 32: The method of claim 27, further comprising measuring at least one of a total force or torque applied by the actuator with the spring displacement sensor 112.
Claim 35: The method of claim 27, wherein the one or more rotational degrees of freedom is a single degree of rotational freedom.
Claim 36: The method of claim 51, wherein the gearbox 104 is circumferentially contained within the motor ground 204 (see FIG. 2).
Claim 37: The method of claim 51, wherein the gearbox 104 comprises a harmonic drive (see Col. 5, Line 4).
Claim 38: The method of claim 37, wherein the harmonic drive comprises:
a circular spline that is fixed relative to the motor ground;
a wave generator that rotates with a motor output;
a flex spline that is coupled to the actuator output; and
a wave generator bearing configured to receive the wave generator contact the flex spline based on a position of the wave generator to cause the flex spline to mesh with the circular spline (see FIG. 4).
Claim 46: The method of claim 27, wherein the radial stacked actuator further comprises an actuator housing 110 that comprises the actuator ground 208.
Claim 49: The method of claim 27, further comprising:
fixing the actuator ground to a first portion of a humanoid robot; and
fixing the actuator output to a second portion of the humanoid robot (see FIG. 6A).
Claim 50: The radial stacked actuator of claim 1, comprising a gearbox 104 coupled to the motor 102 at an input of the gearbox 104, wherein the actuator output 106 is coupled to the gearbox 104.
Claim 51: The method of claim 27, wherein the radial stack actuator comprises a gearbox 104 coupled to the motor 102 at an input of the gearbox 104, wherein the actuator output 106 is coupled to the gearbox 104.
Allowable Subject Matter
Claims 14-16, 18-20, 22, 39-42, and 45 are 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:
U.S. Patent No. 11,623,348 B2 to Kim et al. and U.S. Patent No. 9,239,100 B1 to Weber et al. are the closest prior art.
Regarding Claims 14 and 39, the closest art does not disclose or suggest one or more sensors positioned in the gearbox.
Regarding Claims 18 and 42, the closest art does not disclose or suggest the “read head” and “magnet” recited therein.
Regarding Claim 22, the closest art does not disclose or suggest “wherein the second spring is configured to deflect as the actuator ground rotates relative to the actuator output.”
Regarding Claim 45, the closest art does not disclose or suggest the limitation in which “the method further compris[es] deflecting the second spring as the actuator ground rotates relative to the actuator output.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDELL J KRUG whose telephone number is (313) 446-6577. The examiner can normally be reached Mon-Fri: 9:00-14:00 AZ time.
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, Minnah Seoh can be reached on 571-270-7778. 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.
/RANDELL J KRUG/Primary Examiner, Art Unit 3618