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 Rejections - 35 USC § 102
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 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.
1. Claims 1, 2, 5-7, 9, 12, 17, 18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yoon et al (USPN 2020/0081532).
Regarding claim 1, Yoon discloses an electro-adhesive device (300 shown in figure 3, also figures 6-8) comprising:
a first electrode assembly (first electrodes 302) comprising a first conductive portion (314) that is at least partially covered by a first insulator (the dielectric layer 316 at least partially coated on a surface of the conductive portion 314, see par. 0031);
a second electrode assembly (306) comprising a second conductive portion (314) that is at least partially covered by a second insulator (316) (see figure 3, par. 0031);
an electrical signal generator (a waveform generator 604 of a controller 318, see par. 0040) configured to provide first and second signals to the first and second conductive portions (314) of the electrode assemblies (302, 306), respectively, wherein the first and second signals comprise respective opposite-polarity portions of an alternating current (AC) signal (such as the waveform generator 604 provides a sinusoidal signals to the conductive portions 314 of the electrodes 302, 306, see par. 0042, 0051); and
a processor circuit (such as a processor 602 of the controller 318, see par. 0040) configured to receive a clutch force indication (a clutch force indication is related to a motion of the first and second electrode assemblies which is detected by a displacement sensor 320, see par. 0032) and, in response, control the electrical signal generator (604) to change a characteristic of the AC signal based on the clutch force indication (such as adjusting the AC control signal, see par. 0032, 0069);
wherein the first and second electrode assemblies (302, 306) are at least partially overlapping and configured to slide relative to each other at their respective surfaces that comprise the first and second insulators (316) (see figure 3).
Regarding claim 2, Yoon discloses a displacement sensor (such as a displacement sensor 320, see figure 3) configured to provide the clutch force indication (such as a displacement between electrodes) based on information about a relative displacement of the first and second electrode assemblies (see par. 0032).
Regarding claim 5, Yoon discloses wherein the processor circuit (602) is configured to control the electrical signal generator (604) to change a magnitude characteristic of the AC signal based on the clutch force indication (e.g. see par. 0032, 0069).
Regarding claim 6, Yoon discloses wherein the processor circuit (602) is configured to control the electrical signal generator (604) to change a frequency characteristic of the AC signal based on the clutch force indication (see par. 0032, 0069).
Regarding claim 7, Yoon discloses wherein the processor circuit (602) is configured to control the electrical signal generator (604) to change a duty cycle characteristic of the AC signal (such as by adjusting an amplitude of the AC control signal of the generator 604) based on the clutch force indication (see par. 0032, 0051).
Regarding claim 9, Yoon discloses wherein the electrical signal generator (604) is configured to generate the AC signal as a pulse-width modulated signal with a duty cycle of about 50% (see par. 0042, and waveforms in figure 6).
Regarding claim 12, Yoon discloses a system (200, see figure 2) comprising:
a wearable garment (such as fabric material 214) including an electro-adhesive clutch device (202, see more details in figures 3, 5-8) configured to selectively couple or release first and adjacent second portions (electrode assemblies 206, 208 or 302 306) of the garment;
a motion sensor (a displacement sensor 320, see figure 3, par. 0032); and
a processor circuit (a controller 504, shown in figure 5, includes a processor 602 in figure 6, see par. 0040) configured to determine a clutch indication based on information from the motion sensor (a displacement between the electrode assemblies 206, 208 or 302, 306, see par. 0032) and, in response, control the clutch device of the wearable garment to couple or release the first and second portions of the garment (by adjusting a power to release or engage the electrodes assemblies 302, 306 in figure 2 or 3).
Regarding claim 17, Yoon discloses wherein the motion sensor (320) is coupled to the garment (314).
Regarding claim 18, Yoon discloses wherein the processor circuit (602) is coupled to the garment (see figure 2, par. 0040).
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.
2. Claims 1-2 are is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13, 14 of U.S. Patent No. 11,980,237. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are drawn to an electro-adhesive structure comprising: a first electrode assembly comprising a first conductive portion that is at least partially covered by a first insulator; a second electrode assembly comprising a second conductive portion that is at least partially covered by a second insulator; an electrical signal generator configured to provide first and second signals to the first and second conductive portions of the electrode assemblies, respectively, wherein the first and second signals comprise respective opposite-polarity portions of an alternating current (AC) signal; and a processor circuit configured to receive a clutch force indication and, in response, control the electrical signal generator to change a characteristic of the AC signal based on the clutch force indication; wherein the first and second electrode assemblies are at least partially overlapping and configured to slide relative to each other at their respective surfaces that comprise the first and second insulators.
USPN 11/980,237
Current application 18/643,412
Claims
Claims
1, 13
1
14
2
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.
3. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al (USPN 2020/0081532) in view of Collins et al (USPN 5315473).
Regarding claim 8, Yoon discloses the AC signal has a frequency, but does not explicitly disclose the frequency as claimed.
Collins discloses an electrostatic device comprises a signal generator device configured to generate an AC signal has a frequency of at least about 10 Hz and less than about 50 Hz (see col. 6, lines 10-13, lines 42-44).
It 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 to have modified the AC signal of Yoon to incorporate an AC signal frequency as disclosed by Collins in order to facilitate electrostatic force without vibration and free clamping force decay.
Allowable Subject Matter
4. Claims 19-20 are allowed over prior art of record.
The following is an examiner's statement of reasons for allowance:
The prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach:
A wearable device comprising: the clutch device including the first conductive portion is coupled to the first portion of the garment, and the second conductive portion is coupled to the second portion of the garment, and the first and second conductive portions of the clutch device are at least partially overlapping at respective surfaces that comprise the first and second insulators; and a processor circuit configured to determine a clutch indication based on oscillatory motion information from the accelerometer and, in response, control the clutch device to couple or release the first and second portions of the garment as recited in claim 19.
5. Claims 3-4, 10, 11, 13-16 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.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANNY NGUYEN whose telephone number is (571)272-2054. The examiner can normally be reached M-F 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Lewis can be reached at 571-271-1838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANNY NGUYEN/Primary Examiner, Art Unit 2838