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 .
DETAILED ACTION
Priority
The applicant’s priority to provisional application 63467429 filed on May 18th, 2026 has been accepted.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claims 1-19 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.
The term “generally constant” in claim 1 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim will be interpreted as if the term “generally” were removed.
Claim 2 is rendered indefinite for reciting “wherein the system is an excavator arm having a boom, an arm and a bucket.” It is unclear whether these are the “plurality of structural members” that have been provided or different components being provided. This claim will be interpreted as if it read “wherein the system is an excavator arm and the plurality of structural members include a boom, an arm and a bucket.”
Claim 6 is rendered indefinite for reciting “wherein the system includes a plurality of panels connected by rotational hinges.” It is unclear whether these are the “plurality of structural members” that have been provided in claim 1 or different components being provided.
Claim 8 is rendered indefinite for reciting “wherein the system is a kirigami structure.” It is unclear if this is the “plurality of structural members” that have been provided in claim 1 or different components being provided.
Claim 16 is rendered indefinite for reciting “wherein the system is an arm structure of a mechanical device.” It is unclear if this is the “plurality of structural members” that have been provided in claim 1 or different components being provided.
Claim 17 is rendered indefinite for reciting wherein the system is a panel system of an architectural device. It is unclear if this is the “plurality of structural members” that have been provided in claim 1 or different components being provided.
Claim 18 is rendered indefinite for reciting, wherein the system is a mechanical arm having multiple sections and an actuator connected between adjacent arm sections. It is unclear if this is the “plurality of structural members” that have been provided in claim 1 or different components being provided.
Claims 3-5, 7, 9-15, and 19 are rejected by virtue of their dependencies.
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.
(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.
Claim(s) 1, 16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith et al. (US 20230101090), hereafter Smith.
With regards to claim 1, Smith discloses, a method of configuring a continuous equilibrium system (Abstract) comprising: providing a plurality of structural members (support members 102a-d) pivotally coupled together at a plurality of pivot joints and reconfigurable at least in response to gravity; determining a potential energy of the plurality of structural members as a result of gravity (P0085, L1-9); calculating spring properties for springs located at one or more of the plurality of pivot joints to offset gravity that is operable to maintain a generally constant potential energy of the system irrespective of orientation in three-dimensional space (P0085, L10-21; and mounting the springs (106a-c) to the one or more plurality of pivot joints according to the calculated spring properties.
With regards to claim 16, Smith discloses all the elements of claim 1 as outlined above. Smith further discloses wherein the system is an arm structure of a mechanical device (P0124, arms 405a, 405b).
With regards to claim 18, Smith discloses all the elements of claim 1 as outlined above. Smith further discloses wherein the system is a mechanical arm having multiple sections (arms 405a, 405b, best seen in Fig 5A) and an actuator connected between adjacent arm sections(P0126, L22-30).
With regards to claim 19, Smith discloses all the elements of claim 1 as outlined above. Smith further discloses wherein the actuator is one of a hydraulic, pneumatic, servo-electric and electro-mechanical actuator (P0126, L26-27).
Allowable Subject Matter
Claims 2-5 would be allowable if written in independent form once the 35 U.S.C 112 rejections are overcome.
Claim 2 is allowable for disclosing an excavator having a boom, arm and bucket. Smith details the use of springs in the manner recited in claim one for robotic systems. There is no teaching or suggestion in the prior art of using springs in this manner in an excavator.
Claims 3-5 would be allowable by virtue of their dependencies.
Examiner’s Comment
The patentability of claims 6-15 and 17 could not be determined due to the extent of the 112 rejections even though prior art rejections have not been presented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LYNN BURKMAN whose telephone number is (571)272-5824. The examiner can normally be reached M-Th 7:30am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
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