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 § 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 26-45 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 26 recites “an internal pressure and a greater external pressure of the envelope” which is unclear how the envelope can have two pressures attributed thereto. For purposes of applying the prior art the examiner takes the limitation to mean --an internal pressure of the envelope and a greater external pressure outside of the envelope--.
Claim 28 recites “the returning force is exerted on one of the envelope and the assembly”, which phrased as a positively limiting method of use step within a product claim, which renders the claim unclear as to whether infringement occurs when another makes the invention or only after one actually uses the invention, in accordance with MPEP 2173.05(p)(II). The examiner suggests rephrasing the limitation to be a functional intended use of the component, e.g., --the first intermediate component is configured to resiliently exert the returning force on one of the envelope and the assembly--.
Claim 31 is unclear as to precisely which previously recited element “thereon” is to refer.
Claim 36 recites “the rotation members coupled to an intermediate one and a previous one of the pivot members”, which lacks proper antecedent basis in a manner that renders the claims unclear. See MPEP 2173.05(e) which states "A claim which refers to "said aluminum lever," but recites only "a lever" earlier in the claim, is indefinite because it is uncertain as to the lever to which reference is made… even though indefiniteness in claim language is of semantic origin, it is not rendered unobjectionable simply because it could have been corrected. In re Hammack, 427 F.2d 1384, 1388 n.5, 166 USPQ 209, 213 n.5 (CCPA 1970).”
Claim 36 is unclear as to what elements “those” is to refer.
Claim 37 is unclear as to what element “thereof” is to refer.
Claim 38 recites “for each of the pivot members, each adjacent pair of the corresponding rotation members forms a respective angle in the second assembly position” which is unclear as to what manner the angles formed by the rotation members can be “for” the pivot members.
Claim 39 recites “the rotation members of each of the pivot members are arranged symmetrically with respect to the rotation members of an adjacent one of the pivot members” which is unclear since “the rotation members of each of the pivot members” lacks antecedent basis and further since it is unclear how the latter recitation “the rotation members of an adjacent one of the pivot members” relates to the former recitation “the rotation members of each of the pivot members”. It would seem that “of each” would include all and thus include “of an adjacent one”, thereby presenting an unclear double inclusion of elements.
Claim 40 recites “the corresponding at least one of the pivot members” which lacks proper antecedent basis in a manner that renders the claim unclear.
Claim 44 recites “each rotation member in a first group, the respective attachment part is arranged toward a first peripheral side of the base layer relative to the respective first non-attachment part” which lacks proper antecedent basis for “each rotation member in a first group” and is further unclear whether the part is arranged toward the first peripheral side or the non-attachment part (i.e., it is unclear how a direction can be both “toward” one element and “relative to” another.
Claim 45 is unclear as to what manner the claimed inner and outer fluids are “corresponding to” the internal and external pressures, (e.g., having the same pressure, similar pressure, same/similar location, shape, etc.)
The remaining claims depend from the above and are thus similarly unclear/rejected.
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.
Claims 26-45 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by KR20210052607.
The prior art structures bolded below are presumed to be inherently capable of meeting the claimed functions/properties italicized below in accordance with MPEP §2112.01(I) and MPEP §2114, which state that where the prior art structure is substantially identical to the claimed structure, the PTO may presume claimed functions/properties to be inherently capable thereto, thus presenting a prima facie case and properly shifting the burden to applicant to obtain/test the prior art and provide evidence to the contrary.
Claim 26 (as best understood, see 35 USC 112 rejections). An apparatus comprising: a conformable envelope (“shell” 1) configured (by the conformability/deformability of 1) to exert a constricting force corresponding to a difference between an internal pressure (“a negative pressure to the inner space of the shell (1)” and a greater external pressure (pressure outside of the envelope/she, as best understood noting the 35 USC 112 rejection) of the envelope; an assembly (12) comprising a plurality of rotatably associated rotation members (12) arranged in the envelope and configured (by rotatability of 12) to rotatably move away from a first assembly position (one of the positions shown in figures 6a-7b) and toward a second assembly position (another one of the positions shown in figures 6a-7b) in response to the constricting force; and a first intermediate component (11) arranged between the envelope and the assembly and configured (by shape/arrangement of 11) to facilitate movement of the assembly between the first assembly position and the second assembly position.
Claim 27. The apparatus of claim 26, wherein the first intermediate component is configured (by material/arrangement of 11) to resiliently exert a returning force to cause the assembly to move away from the second assembly position and toward the first assembly position in response to the constricting force being smaller than the returning force.
Claim 28 (as best understood, see 35 USC 112 rejections). The apparatus of claim 27, wherein the returning force is exerted on one of the envelope and the assembly.
Claim 29. The apparatus of claim 28, wherein the first intermediate component is configured to resist local deformation (e.g., a magnitude of deformation greater than actually incurred).
Claim 30. The apparatus of claim 29, wherein the first intermediate component is configured (by 11 being distinct from 1 and thus inherently slidable relative thereto) to be slidably moveable relative to the envelope.
Claim 31 (as best understood, see 35 USC 112 rejection). The apparatus of claim 27, wherein the first intermediate component has a sliding surface (surface of 11) configured (by distinctness of 11 from 1) to facilitate slidable movement (movement of 12 and 11 relative to 1) of the assembly thereon.
Claim 32. The examiner interprets the art differently for claim 32 (which depends from claims 26 and 27) as follows:
Claim 26 (as best understood, see 35 USC 112 rejections). An apparatus comprising: a conformable envelope (“shell” 1) configured (by the conformability/deformability of 1) to exert a constricting force corresponding to a difference between an internal pressure (“a negative pressure to the inner space of the shell (1)” and a greater external pressure (pressure outside of the envelope/she, as best understood noting the 35 USC 112 rejection) of the envelope; an assembly (middle members of 12) comprising a plurality of rotatably associated rotation members (middle members of 12) arranged in the envelope and configured (by rotatability of middle members of 12) to rotatably move away from a first assembly position (one of the positions shown in figures 6a-7b) and toward a second assembly position (another one of the positions shown in figures 6a-7b) in response to the constricting force; and a first intermediate component (left most 12) arranged between the envelope and the assembly and configured (by shape/arrangement of 12) to facilitate movement of the assembly between the first assembly position and the second assembly position.
Claim 27. The apparatus of claim 26, wherein the first intermediate component is configured (by material/arrangement of left most 12) to resiliently exert a returning force to cause the assembly to move away from the second assembly position and toward the first assembly position in response to the constricting force being smaller than the returning force.
Claim 32. The apparatus of claim 27, further comprising: a second intermediate component (right most 12) arranged between the envelope and the assembly (middle members of 12), the assembly being arranged between the first (left most 12) and second (right most 12) intermediate components.
Claim 33. The apparatus of claim 27, wherein the assembly further comprises: a plurality of elongated pivot members (hinge portions, about which 12 rotates relative to 11, as seen in fig.4) to which the rotation members are rotatably coupled.
Claim 34. The apparatus of claim 33, wherein each intermediate one of the rotation members are rotatably coupled to a respective neighboring pair of the pivot members (a first 12/11 hinge portion and a third 12/11 hinge portion connected to an intermediate 12 therebetween via 11).
Claim 35. The apparatus of claim 34, wherein each intermediate one of the rotation members is arranged symmetrically (e.g., see fig.6a) with respect to the respective pair of the pivot members.
Claim 36 (as best understood, see 35 USC 112 rejections). The apparatus of claim 33, wherein the rotation members coupled to an intermediate one (e.g., a first hinge portion between 12 and 11) and a previous one (e.g., a second 12/11 hinge portion to the left of the first) of the pivot members are interleaved with those coupled to the intermediate one and a next one (e.g., a third 12/11 hinge portion to the right of the first) of the pivot members (members 12 are all overleaved/overlapping, to include those members 12 coupled to the claimed pivot members above).
Claim 37 (as best understood, see 35 USC 112 rejections). The apparatus of claim 33, wherein each of the rotation members is rotatably coupled at a proximal end (end of 12 coupled to hinge portion between 12 and 11) thereof to one of the pivot members.
Claim 38 (as best understood, see 35 USC 112 rejections). The apparatus of claim 37, wherein, for each of the pivot members, each adjacent pair of the corresponding rotation members forms a respective angle (angle of each of 12) in the second assembly position.
Claim 39 (as best understood, see 35 USC 112 rejections). The apparatus of claim 38, wherein the rotation members of each of the pivot members are arranged symmetrically with respect to the rotation members of an adjacent one of the pivot members (all rotations members and all pivot members are symmetrically arranged, as best understood noting the 35 USC 112 rejections).
Claim 40. The apparatus of claim 33, wherein each rotation member is rotatably coupled to at least one of the pivot members, and is formed with a plurality of coupling holes (two holes/spaces formed on either side of each rotation member 12) greater in number than the corresponding at least one of the pivot members.
Claim 41. The apparatus of claim 27, wherein the assembly further comprises: flexible base layer (flexible base of 12 connecting to 11) which is arranged in the envelope and on which the rotation members are arranged.
Claim 42. The apparatus of claim 41, wherein the base layer is configured (by its shape/construction/arrangement) to resiliently exert a restoring force to facilitate movement of the assembly away from the second assembly position and toward the first assembly position in the absence of the constricting force greater than the restoring force.
Claim 43. The apparatus of claim 42, wherein each of the rotation members includes an attachment part (middle part of 12 attached/fixed to the base of 12) fixed to the base layer and a first non-attachment part (tip of 12) rotatably moveable about the respective attachment part with respect to the base layer.
Claim 44 (as best understood, see 35 USC 112 rejections). The apparatus of claim 43, wherein, for each rotation member in a first group, the respective attachment part is arranged toward a first peripheral side (top side) of the base layer relative to the respective first non-attachment part.
Claim 45. The apparatus of claim 27, wherein the envelope is adapted (by the hollow construction of the shell/envelope 1) to receive therein an inner fluid corresponding to the internal pressure, and is adapted (by the outer surface of shell/envelope 1) to be arranged in an outer fluid corresponding to the external pressure and different from the inner fluid.
Conclusion
The prior art made of record on the attached PTO-892 and not relied upon above is considered pertinent to applicant's disclosure due general structural similarity thereto.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618
