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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species 1 (shown in Figs. 1-3) in the reply filed on 4/20/2026 is acknowledged.
Claim 8 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/20/2026.
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 1-7 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.
Claim 1 recites “the expansion and contraction device” in, inter alia, lines 6-7. There is insufficient antecedent basis for this limitation in the claim. It is unclear to which expansion and contraction device of the “plurality of expansion and contraction devices” recited in claim 1 in line 2 that “the expansion and contraction device” recited in claim 1 in lines 6-7 refers. See MPEP § 2173.05(e).
Claim 7 recites the limitation "the expansion and contraction device" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear to which expansion and contraction device of the “plurality of expansion and contraction devices” recited in parent claim 1 that “the expansion and contraction device” recited in claim 7 refers. See MPEP § 2173.05(e).
Claim 7 recites “one guide device” in line 6. It is unclear whether the “one guide device” recited in claim 7 is the same as or different from the “a guide device” recited in parent claim 1 in line 5.
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) 1-7 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:
a plurality of expansion and contraction devices (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; and
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,
wherein the expansion and contraction device 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) and a brake device (hydraulic cylinder 510) that stops an operation of the guide portion, and
the control unit controls the brake device (C3/L9-29) according to an operation state of the expansion and contraction portion.
Re claim 2. The oscillation device according to claim 1, further comprising:
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 control unit operates the brake device 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 device (300) is provided with a plurality of sets of the expansion and contraction units (300), each including two 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).
Conclusion
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.
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 at 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.
/GREGORY T PRATHER/
Examiner, Art Unit 3618
/MINNAH L SEOH/ Supervisory Patent Examiner, Art Unit 3618
Prosecution Insights