`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/810,611
`
`06/25/2010
`
`Takashi Kawakami
`
`BPO— 108US
`
`7939
`
`EXAMINER
`RATNERPRESTIA —
`PO. BOX 980
`CHEN, RAYMOND GUANWAY
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`3771
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`09/06/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/810,611 KAWAKAMI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`RAYMOND G. CHEN its“ 3771
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`Status
`
`1)IZI Responsive to communication(s) filed on 25 July 2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 12 4 5 and 7-18 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`
`7)|Z| Claim(s 12 4 5 and 7- 18 is/are rejected.
`I
`
`8)|Z| Claim(s)_1 and 14 is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim(s
`(I
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`I/'/\WII‘1N.USOIO. ovI’ atentS/init events/
`h/index.‘s orsendaninquirytoPPI-iieedback-flusgto.(113v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 25 July 2013 is/are: a)lX| accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some * c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) D Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413)
`
`Paper N°ISI/Ma" Date' —
`PTO/SB/Os
`t
`t
`St
`I
`D'
`I'
`f
`2 I] I
`)
`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20130827
`
`Office Action Summary
`
`

`

`Application/Control Number: 12/8 10,61 1
`
`Page 2
`
`Art Unit: 3771
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`DETAILED ACTION
`
`Response to Amendment
`
`This office action is in response to the amendment filed on 07/25/2013 and 06/28/2013.
`
`As directed by the amendment: claims 1, 2, 4, 5, 7, 11-14, 16 and 18 were amended; no claims
`
`were added; and claims 3 and 6 were cancelled. Thus, claims 1, 2, 4, 5 and 7-18 are presently
`
`pending in this application.
`
`Claim Objections
`
`1.
`
`Claims 1 and 14 are objected to because of the following informalities:
`
`Claim 1 lacks proper antecedent basis for “the other side” (lines 17—18).
`
`Claim 14, line 3 recites “slide”, but it is suggested to be changed to ——slides—— to correct a
`
`grammatical error.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The following is a quotation of 35 U.S.C. 112(a):
`(a) IN GENERAL.7The specification shall contain a written description of the invention, and of the
`manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use
`the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying
`out the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre—AIA), first paragraph:
`The specification shall contain a written description of the invention, and of the manner and process of
`making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the
`art to which it pertains, or with which it is most nearly connected, to make and use the same and shall
`set forth the best mode contemplated by the inventor of carrying out his invention.
`
`3.
`
`Claims 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, because the specification, While being enabling for an actuator that is actuated
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 3
`
`Art Unit: 3771
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`by supplying a substance such as gas, liquid, solid or any mixture thereof, does not
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`reasonably provide enablement for an actuator that is extensible by supplying or
`
`discharging a substance. The specification does not enable any person skilled in the art to
`
`which it pertains, or with which it is most nearly connected, to make and use the invention
`
`commensurate in scope with these claims.
`
`According to the state of the art, it is understood that when air is input into the air bladder
`
`that makes up the actuator, the actuator would rapidly contract, thus acting like a contracting
`
`muscle (see page 3, paragraph [0040] of Koeneman). However, the specification does not
`
`clearly enable one skilled in the art to cause the actuator to extend when the actuator is supplied
`
`with air. Even further, the specification does not enable one skilled in the art to discharge the air
`
`from the actuator to extend the actuator. The specification merely states that the invention works
`
`in the claimed manner, but does not describe how the actuator extends by supplying or
`
`discharging a substance. Therefore, disclosure does not enable one skilled in the art to make or
`
`use the invention.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of pre—AIA 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`5.
`
`Claims 1, 2, 5, 7-9, 11, 12-14 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over Koeneman (2004/0267331) and further in view of Okazaki
`
`(2007/0144299).
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 4
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`Art Unit: 3771
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`Regarding claim 1, figure 9 of Koeneman shows a muscle force assisting device 200 (see
`
`abstract, lines 1—2) having: a forearm attachment (first attachment arranged along one bone of a
`
`joint); a hand attachment (second attachment arranged along an other bone of the joint) and an
`
`artificial muscle 206 having a right end (one end) provided on the first attachment and having a
`
`left end (an other end) provided on the second attachment, and the artificial muscle 206 is an
`
`actuator that is extensible by supplying air (a substance such as gas) (see page 3, paragraph
`
`[0040]); and the device 200 assists motion of a user’s wrist (see figure 9).
`
`Koeneman is silent about a path—restricting section.
`
`However, figure 15 of Okazaki teach a path—restricting section (components including
`
`and between 53a, 53b) is provided on a first attachment 1 and the path—restricting section 53a,
`
`53b restricts a path of the artificial muscle 6a. The path—restricting section has a supporting
`
`member 53a mounted on the first attachment 1 via component 52a and a holding member (see
`
`annotated figure below) that holds the artificial muscle 6a. The supporting member has a one—
`
`side supporting piece 53a provided on one side of the first attachment 1 and an other—side
`
`supporting piece 53b provided on the other side of the first attachment 1. The path—restricting
`
`section (see annotated figure below) is turned relative to the first attachment 1 by the one—side
`
`supporting piece 53a and the other—side supporting piece 53b when muscle 6a contracts, the
`
`upper holding member and supporting member move right and the bottom holding member and
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`supporting member move left. The opposing motions of the path—restriction section components
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`cause the turning motion of the path—restricting section relative to the first attachment 1.
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 5
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`Art Unit: 3771
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`path -§e-s-triet§n :3 53min n
`
`11 said Eng imam be?
`
`
`
`
`23
`
`2
`l\
`
`,
`
`9
`
`HS
`
`\
`
`. {\\
`'
`'1
`>~- w” . .«3
`
`&\“\ \\\x- - -
`
`
`
`
`
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to provide Koeneman's device with a path—restricting section, as taught by
`
`Okazaki, to prevent moving parts from unintentionally colliding with each other which may
`
`result in wearing and to limit motion within acceptable ranges to prevent excessively
`
`uncomfortable range of motions (see page 11, paragraph [0148] of Okazaki).
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 6
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`Art Unit: 3771
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`Regarding claim 2, the modified Koeneman’s path—restricting section (53a, 53b; figure 15
`
`of Okazaki) is provided on the first attachment (1 of Okazaki; see figure 9 of Koeneman) and the
`
`path—restricting section (53a, 53b of Okazaki) restricts approach of the artificial muscle (206 of
`
`Koeneman; 6a of Okazaki) toward the joint (208 of Koeneman; 3 of Okazaki).
`
`Regarding claim 5, the modified Koeneman’s path—restricting section (53a, 53b of
`
`Okazaki) has the supporting member and the holding member slide in a longitudinal direction of
`
`the artificial muscle (206 of Koeneman; 6a of Okazaki) along rails (52a, 52b of Okazaki) (see
`
`figure 15 of Okazaki).
`
`Regarding claim 7, the modified Koeneman’s holding member has one—artificial muscle
`
`holding piece has a one—artificial muscle holding piece and an other—artificial muscle holding
`
`piece, the one—artificial holding piece is provided on the one—side supporting piece 53a and the
`
`other—artificial muscle holding piece is provided on the other—side supporting piece 53b (see
`
`annotated figure below and figure 15 of Okazaki).
`
`ham Eng pieces
`
`
`
`
`
` x]
`8 "mam:
`
`an
`
`'
`
`551':
`
`
`\.
`
`'
`5:32?" ,_
`
`.‘r
`
`:15
`
`E
`
`supporting mam be:
`
`

`

`Application/Control Number: 12/8 10,61 1
`
`Page 7
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`Art Unit: 3771
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`Regarding claim 8, the modified Koeneman's first attachment (see figure 9 of Koeneman;
`
`1 of Okazaki) is separated into a top side (one—side first attachment) and a bottom side (other side
`
`first attachment); the second attachment (see figure 9 of Koeneman; 2 of Okazaki) is separated
`
`into a top side (one side second attachment) and a bottom side (other side second attachment);
`
`the one artificial muscle holding piece (see annotated figure 15 of Okazaki above) and other
`
`artificial muscle holding piece (see annotated figure 15 of Okazaki above) are separated from
`
`each other (see figure 9 of Koeneman and figure 15 of Okazaki).
`
`Regarding claim 9, the modified Koeneman’s other end (11a, 54a of Okazaki) of the
`
`artificial muscle (206 of Koeneman; 6a of Okazaki) is provided on the second attachment (see
`
`figure 9 of Koeneman; 2, 5 of Okazaki) through a guide mechanism (8a of Okazaki) and the
`
`other end of the artificial muscle moves along the guide mechanism (see figure 15 of Okazaki).
`
`Regarding claim 11, the modified Koeneman’s first attachment is capable of being
`
`attached to a forearm, the second attachment is capable of being attached to a hand, and the
`
`artificial muscle (206 of Koeneman) is capable of being located outside of the wrist (see figure 9
`
`of Koeneman).
`
`Although the modified Koeneman's device is capable of being attached to the upper arm
`
`and forearm and used on the elbow, but if not, figure 3 of Koeneman teaches a first attachment
`
`attached to a forearm, a second attachment attached to a forearm and wrist, and an actuator
`
`located outside the elbow.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to modify the modified Koeneman's device with being used on the elbow, as
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 8
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`Art Unit: 3771
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`taught by figure 3 of Koeneman, to provide therapeutic and rehabilitative benefit to other joints,
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`such as the elbow.
`
`Regarding claim 12, the modified Koeneman’s device has a guide (8a of Okazaki)
`
`provided on the second attachment (see figure 9 of Koeneman; 2, 5 of Okazaki) adapted to be
`
`along the other bone, and the path restricting section (53a, 53b of Okazaki) is adapted to be
`
`provided on an end of the guide (8a of Okazaki) on the side of the joint (3 of Okazaki; 208 of
`
`Koeneman) via components (54a, 54b of Okazaki).
`
`Regarding claim 13, the modified Koeneman’s device has a straight line connecting a
`
`terminal end of the path—restricting section (55a of Okazaki) and a fixed end (7a of Okazaki) of
`
`the right side of the artificial muscle that attaches to the first attachment (see figure 9 of
`
`Koeneman; see figure 15 of Okazaki) and the line is located outside of the joint (3 of Okazaki;
`
`208 of Koeneman).
`
`Regarding claim 14, the modified Koeneman’s left end (other end) of the artificial muscle
`
`(206 of Koeneman; 6a of Okazaki) is provided on the guide (8a of Okazaki) such that the other
`
`end slides (see figure 15 of Okazaki).
`
`Regarding claim 15, the modified Koeneman’s device has controller box (18 of
`
`Koeneman) for controlling the artificial muscle (206 of Koeneman) by supplying air (tension—
`
`giving member) (see pages 3—4, paragraph [0042] of Koeneman) and the air causes the artificial
`
`muscle to contract (pull the other end of the artificial muscle toward the one end of the artificial
`
`muscle).
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 9
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`Art Unit: 3771
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`Regarding claim 18, the modified Koeneman’s device has the first attachment adapted to
`
`be attached to an upper arm, the second attachment adapted to be attached to a forearm and the
`
`artificial muscle adapted to be located outside of the elbow (see figure 3 of Koeneman).
`
`6.
`
`Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over Koeneman
`
`(2004/0267331) and Okazaki (2007/0144299), as applied to claims 1 and 2 above, and
`
`further in View of Huang (6,629,334).
`
`Regarding claim 4, the modified Koeneman’s path—restricting section has a supporting
`
`member (53a of Okazaki) mounted on the first attachment (1 of Okazaki; see figure 9 of
`
`Koeneman); and a holding member (see annotated figure 15 of Okazaki in rejection of claim 1
`
`above) that holds the artificial muscle (6a of Okazaki; 206 of Koeneman).
`
`The modified Koeneman’s section is silent about a pin hole of the supporting member, a
`
`pin hole of the holding member, a connection pin and the pin hole being a long hole.
`
`However, figures 2 and 4 of Huang teaches a pin hole 310 on a supporting member 31
`
`and the pin hole 310 is a long hole since it extends through the supporting member 31; a pin hole
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`320 on a holding member 32; and the pin holes 310, 320 are connected to each other through a
`
`pin 36.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to provide the modified Koeneman's path—restricting section with pin holes
`
`and a connection pin, as taught by Huang, to provide a well—known means of attaching and fixing
`
`members to allow simple separability in order to repair, clean or replace damaged or worn parts.
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 10
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`Art Unit: 3771
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`7.
`
`Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over Koeneman
`
`(2004/0267331) and Okazaki (2007/0144299), as applied to claims 1, 2 and 9 above, and
`
`further in view of Sugar (2007/0129653).
`
`Regarding claim 10, the modified Koeneman’s other end of the artificial muscle (206 of
`
`Koeneman) is silent about being biased by an elastic member in a stretching direction of the
`
`artificial muscle.
`
`However, figure 1 of Sugar teaches a spring 20 (elastic member) that applies a pushing
`
`force (biased in a stretching direction) (see page 3, paragraph [0029]) on the artificial muscle 12
`
`toward both ends (other end of the artificial muscle).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to provide the modified Koeneman's artificial muscle with an elastic
`
`member, as taught by Sugar, to create desired forces that maintain the actuators in an extended
`
`position when not contracted or to maintain the joint in a neutral position to avoid uncomfortable
`
`bending of the user’s joint.
`
`8.
`
`Claims 15, 16 and 17 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Koeneman (2004/0267331) and Okazaki (2007/0144299), as applied to claims 1 and 12
`
`above, and further in view of Yates (4,644,938).
`
`Regarding claim 15, the modified Koeneman’s device is silent about a tension—giving
`
`member that pulls the other end of the artificial muscle toward the one end.
`
`However, figures 1 and 3 of Yates teaches cable portion 19a (tension—giving member)
`
`that applied a force that pulls the top end (other end) of the artificial muscle 19 toward the lower
`
`end (one end) of the artificial muscle 19.
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 1 1
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`Art Unit: 3771
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to provide the modified Koeneman's device with a tension—giving member,
`
`as taught by Yates, to allow active motion of the joint as well as passive motion to promote
`
`rehabilitation (see col. 1, lines 59—65 of Yates).
`
`Regarding claim 16, the modified Koeneman’s tension—giving member (19a of Yates) is a
`
`portion of a cable (wire) and one end of the wire (19a of Yates) is mounted on the top end of the
`
`artificial muscle (19 of Yates; 206 of Koeneman) and an other end of the wire 19a is mounted to
`
`the first attachment (see figure 9 of Koeneman; 12, 15 of Yates) via bands (14, 18 of Yates).
`
`Regarding claim 17, the modified Koeneman's wire (19a of Yates) has a path of
`
`movement that is limited by the path—restricting section (9 of Okazaki) since the artificial muscle
`
`(6a of Okazaki; 206 of Koeneman) is restricted by the path—restricting section (9 of Okazaki).
`
`9.
`
`Applicant's arguments filed 06/28/2013 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`Regarding the applicant’s arguments on page 7 of the remarks that one of ordinary skill
`
`in the art would be familiar with actuators that are extensible by supplying or discharging gas,
`
`liquid and solid or a mixture thereof, the examiner respectfully disagrees. The claim appears to
`
`include all three (gas, liquid and solid) substances as part of the claimed invention since the
`
`claim recites “gas, liquid and solid”. What kind of substance would include gas, liquid and solid
`
`such that the substance is supplied or discharged from an actuator to cause the actuator to
`
`extend? If the applicant intended to mention that only one of those substances are being supplied
`
`or discharged, how would an individual skilled in the art supply or discharge a solid substance to
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 12
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`Art Unit: 3771
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`extend the actuator? Further, how would discharging gas, liquid and solid cause the actuator to
`
`be extensible? One of ordinary skill in the art would be familiar with actuators that extend when
`
`gas is supplied into the actuator, but one of ordinary skill in the art would not be familiar with
`
`actuators that extend when gas is discharged from the actuator. Therefore, the rejection of claim
`
`1 under 35 USC 112, first paragraph (pre—AIA) or 35 USC 112(a) is maintained.
`
`Regarding the applicant’s arguments on page 9, paragraph 3 of the remarks that Okazaki
`
`does not suggest a holding member that holds the artificial muscle, the examiner respectfully
`
`disagrees. As shown in figures 17 and 17b of Okazaki, the artificial muscle 6a is being held by a
`
`holding member 100a Via rod 104a. The claim does not exclude an intermediary component,
`
`such as the rod 104a, to allow the holding member to hold the artificial muscle. However, since
`
`this embodiment was not relied upon for the present rejection, this argument is moot.
`
`Regarding the applicant's arguments on page 9, paragraph 4 of the remarks that Okazaki
`
`does not suggest brackets 105a, 105b including a supporting piece, but the bushing 100/ 105
`
`structure appears to only be a single piece, the examiner respectfully disagrees. Figures 17a and
`
`17b clearly show that the components are separate, as eVidenced by the different reference
`
`characters. Additionally, as mentioned by the applicant, components 100a, 100b are identified
`
`bushings and components 105a, 105b are identified as brackets, which imply that they are all
`
`different components. Further, page 12, paragraph [0149], last 3 lines specifically use the terms
`
`“bushes’ and “brackets”, which mean there are multiple components and they are separate and
`
`unique components. However, since this embodiment was not relied upon for the present
`
`rejection, this argument is moot.
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 13
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`Art Unit: 3771
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`10.
`
`Applicant’s arguments, see page 9 of the remarks, filed 06/28/2013, with respect to the
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`rejection(s) of claim(s) 1 under 35 USC 103(a) as being unpatentable over Koeneman in view of
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`Okazaki have been fully considered and are persuasive. Therefore, the rejection has been
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`withdrawn. However, upon further consideration and as necessitated by the amendment, a new
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`ground(s) of rejection is made in view of the combination of Koeneman and the embodiment of
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`figure 15 of Okazaki.
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`Regarding the applicant’s arguments on page 9, last paragraph of the remarks that
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`Okazaki does not suggest a path—restricting section that turns relative to the first attachment, the
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`examiner respectfully disagrees. Relying on the embodiment of figure 15 of Okazaki, the path—
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`restricting section, which includes components as shown in the annotated drawing below, rotates
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`relative to the first attachment 1 since portions of the path—restricting section move in opposite
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`directions when the artificial muscle is contracted and extended. Therefore, if a bottom actuator
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`is contracted, the lower portion of the path—restricting section moves right and the upper portion
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`moves left, causing a rotational turning motion. If an upper actuator is contracted, the upper
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`portion of the path—restricting section moves left and the lower portion moves right, causing a
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`rotational turning motion, as shown in the annotated drawing below.
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` - ""“.' \ “Wm
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`§<_\\“m\w»~-\---
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 14
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`Art Unit: 3771
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`Hence, Okazaki teaches the path—restricting section is turned relative to the first attachment.
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`Therefore, as necessitated by the amendment, a new ground of rejection has been relied
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`upon and claims 1, 2, 4, 5 and 7—18 have been rejected under 35 USC 103(a).
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to RAYMOND G. CHEN whose telephone number is (571)270—
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`5946. The examiner can normally be reached on Mon—Fri from 9am—6pm EST.
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`If attempts to reach the examiner by telephone are unsuccessfill, the examiner’s
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`supervisor, Justine Yu can be reached on (571) 272—4835. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 15
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`Art Unit: 3771
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`/RAYMOND G. CHEN/
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`Examiner, Art Unit 3771
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`/Justine R Yu/
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`Supervisory Patent Examiner, Art Unit 3771
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`