DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (US 5,841,257).
1. (Currently Amended) A machine, comprising: a first actuator (1) and a second actuator (2); a first filamentary body (e.g., fig. 4) for connecting an external power source (9) and the first actuator (1); a first wiring part (fig. 4) provided in the first filamentary body; and a second filamentary body (fig. 4) for connecting the second actuator (2) and the first wiring part; and a relay connector (45A, 47A) configured to secure the first filamentary body and the second filamentary body between the second actuator and the first wiring part.
Claim Rejections - 35 USC § 103
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (US 5,841,257).
Further regarding Claims 2-6, it has been held that the mere duplication of known parts has no patentable significance unless a new and unexpected result is produced.1 In the instant case, the claimed multiplicity of similar parts do not appear to change the function of the claimed device, and the device of the prior art having the number of similar parts, as claimed, would not change the function in any way. Therefore, since the only difference between the structure of the prior art and that of the claimed device is a recitation of duplicate parts, and since the claimed device having the number of parts would not function differently than the device of the prior art, the claimed device is not patentably distinct from the device of the prior art.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, in an effort towards compact prosecution, the Examiner notes that applicant's argument(s) rely upon an interpretation of claimed elements (e.g., “filamentary body”, “wiring part”) that is narrower than has been examined. 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 T. S. FIX whose telephone number is (571)272-8535. The examiner can normally be reached M-Th 10a-3p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. SCOTT FIX/Primary Examiner, Art Unit 3618
1 MPEP 2144.04(VI)(B): In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a “web” which lies in the joint, and a plurality of “ribs” projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Prosecution Insights