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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
“one-to-one basis” (See claim 7)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-7 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation an expansion and contraction device, and the claim also recites “the oscillation device includes a plurality of instances of the expansion and contraction device” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 1 recites “wherein the oscillation device includes a plurality of instances of the expansion and contraction device”. It is unclear whether the claims require every limitation pertaining to the “expansion and contraction device” for every “expansion and contraction device” of the “plurality of instances of the expansion and contraction device” that is recited in claim 1 or dependents of claim 1.
Claim 1 recites “the guide device includes a guide portion which is expandable and contractible so as not to apply a force between the first member and the second member without the supply of power.” This limitation is a double negative which is both grammatically incorrect and indefinite. It is unclear if the application of a force is required with the supply of power.
Appropriate correction is required.
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.
(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 and 3-7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim (US5,947,740).
Kim discloses:
Re claim 1.
An oscillation device (see Fig. 4) comprising:
An expansion and contraction device (300) disposed between a first member and a second member (disposed between 100 and 200) disposed to face each other and capable of expanding and contracting;
a guide device (weight supporting actuator 500) disposed between the first member and the second member to follow an operation of the expansion and contraction device;
a control unit (controller (not shown) - see abstract and C1/L53-61) that controls the operation of the expansion and contraction device and an operation of the guide device; and
an operation abnormality detection unit (controller - see C1/L53-61 and C3/L9-29) that detects an operation abnormality (changes in weight/load that needs to be supported may be considered an operation abnormality) of the expansion and contraction portion,
wherein the oscillation device includes a plurality of instances of the expansion and contraction device,
wherein the expansion and contraction device (300) includes an expansion and contraction portion and a driving source (the hydraulic fluid) that supplies power to the expansion and contraction portion,
the guide device includes a guide portion (500) which is expandable and contractible so as not to apply a force between the first member and the second member without the supply of power (C2/L60-C3/L8), and a brake device (hydraulic cylinder 510) that stops an operation of the guide portion, and
the control unit operates the brake device (C3/L9-29) when the operation abnormality detection unit detects the operation abnormality of the expansion and contraction portion (controller - see C1/L53-61 and C3/L9-29).
Re claim 3. The oscillation device according to claim 1, wherein
the expansion and contraction portion is capable of changing an angle of the second member with respect to the first member by being supplied with the power from the driving source and being driven to expand and contract (see Fig. 4. The actuators can change the angle).
Re claim 4. The oscillation device according to claim 1, wherein
the expansion and contraction portion includes an expansion and contraction main body portion (311) and an expansion and contraction rod portion (312) that is movable in an axial direction with respect to the expansion and contraction main body portion (See Figs. 3-4), the guide portion has a guide main body portion (321) and a guide rod portion (322) that is movable in an axial direction with respect to the guide main body portion, and the driving source is capable of moving the expansion and contraction rod portion in an axial direction by supplying the power only to the expansion and contraction rod portion via a power transmission system (See Figs. 3-4).
Re claim 5. The oscillation device according to claim 4, wherein
an end portion of the expansion and contraction main body portion (311) and an end portion of the guide main body portion (321) are connected to one of the first member and the second member (first and second members 100 & 200), and an end portion of the expansion and contraction rod portion (312) and an end portion of the guide rod portion (322) are connected to the other of the first member and the second member (See Figs. 3 & 4).
Re claim 6. The oscillation device according to claim 4, wherein
an end portion of the expansion and contraction main body portion (311) and an end portion of the guide main body portion (321) are connected to one of the first member and the second member (first and second members 100 & 200) via a main body portion side connecting member (member connecting 322 and 312), and an end portion of the expansion and contraction rod portion (312) and an end portion of the guide rod portion (322) are connected to the other of the first member and the second member via a rod portion side connecting member (member connecting 311 and 321)) (See Figs. 3 & 4).
Re claim 7. The oscillation device according to claim 1, wherein
the expansion and contraction devices (300) are provided as a plurality of sets of the expansion and contraction units (300), each including two of the expansion and contraction devices as one set (See Fig. 4. One set may be considered two units 300 that are connected near each other on either the first member or alternatively connected near each other on the second member), and one guide device (weight supporting actuator 500) is provided for one set of expansion and contraction units (See Figs. 3 & 4) on a one-to-one basis (one set has the guide device 500, which is a one-to-one basis for that one set. The claim does not require a guide device provided for each set of expansion and contraction units on a one-to-one basis).
Response to Arguments
Applicant's arguments filed July 6, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a damper which follows the expansion and contraction device(s) and capable of expanding and contracting without the supply of power) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY T PRATHER whose telephone number is (571)270-5412. The examiner can normally be reached Monday-Thursday 9 AM - 5 PM.
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/GREGORY T PRATHER/
Examiner, Art Unit 3618
/MINNAH L SEOH/ Supervisory Patent Examiner, Art Unit 3618
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