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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/131,263
`
`09/14/2018
`
`Noriaki Imaoka
`
`WASHM-59780
`
`1019
`
`meen
`
`aR
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`GLASS, ERICK DAVID
`
`2846
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/13/2021
`
`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):
`
`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/131 ,263
`Imaokaetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ERICK D GLASS
`2846
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 10/21/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-6 is/are rejected.
`OO Claim(s)__is/are objectedto.
`C) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201221
`
`

`

`Application/Control Number: 16/131,263
`Art Unit: 2846
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`1.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b}) CONCLUSION.—The s pecfication shallcondude with one or moreclaims particularly pointing out
`and distinctly claiming the subject matter which the inventor ora joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claimingthe subject matter which the applicant regards as hisinvention.
`
`2.
`
`Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph, as
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`being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventoror a joint inventor (or for applications subject to pre-AlA35 U.S.C. 112, the applicant), regards
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`as the invention.
`
`With respect to claim 1, it is unclear and indefinite of what is meant by “an outer side surface
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`having an involute shape, the involute shape being an involute of a base circle, wherein a center point of
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`the base circle passes through at least one of the center axes of the turning movement.” No structural
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`elements are claimed and no connection between mobile unit, its shape or its movementis clear. And
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`what is involute shape when basecircle is imaginary circle.
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`With respect to claim 5,its is also unclear of what is meant by “wherein each of the hand parts
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`comprises an outer side surface having an involute shape, the involute shape of each hand part being an
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`involute of a base circle.” It is unclear how a hand part canbe an involute shape when your describing it
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`correspond asa string unwinding from ball and specification just repeatedly calls things an involute
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`shape.
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`

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`Application/Control Number: 16/131,263
`Art Unit: 2846
`
`Page 3
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`2.
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`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
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`Claim Rejections - 35 USC § 102
`
`for the rejections under this section made in this Office action:
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`A personshall be entitled to a patent unless —
`
`(a)}(2} the claimed invention was described in a patent issued under section 151, orinan application
`for patent published or deemed published under s ection 122(b), in which the patent or application, as
`the case maybe, names another inventor and was effectively filed before the effectivefiling date of
`the claimed invention.
`
`3. Claim(s) 1-6 are rejected under 35 U.S.C. 102(a)(2) as being taught by Shimizu et al
`
`(PGPUB 2013/0030570).
`
`With respect to claim 1, Shimizu teaches a mobile unit capable of turning movement about
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`center axes, the mobile unit comprising:
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`an outer side surface (fig. 1, 100 has outer surface) having an involute shape, the involute shape
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`being an involute of a basecircle,
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`wherein a center point of the basecircle (fig. 2, Z-axis through112 and 103) passes through at
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`least one of the center axes of the turning movement.
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`With respect to claim 2, Shimizu teaches further comprising:
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`a plurality of driving sections (fig. 1, 102R/L) that independently rotate on an identical rotation
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`axis to perform the turning movement, wherein
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`the center point of the basecircle (fig. 2, center point thru 112/102is base circle) is on a plane
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`that passes through theidentical rotation axis and is perpendicular (fig. 2, axis thru 102 is perpendicular
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`to ground) to the ground.
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`With respect to claim 3, Shimizu teaches further comprising:
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`

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`Application/Control Number: 16/131,263
`Art Unit: 2846
`
`Page 4
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`arm parts (fig. 1; paragraph 077, twoarms extend from right and left side shoulders) arms on
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`extending from right and left positions (fig. 2,105R/L) in a width direction (roll direction) of the mobile
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`unit, and
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`hand parts (fig. 1; paragraph 077, two hands extend from wrist joints forward) provided ina
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`forward direction of the arm partsthat are combined at a center portion in the width direction of the
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`mobile unit (fig. 2, 104 extends forward/back),
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`wherein one of the hand parts comprises the outer side surface (fig. 1, arms add to shape outer
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`side robot) having the involute shape.
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`With respect to claim 4, Shimizu teaches further comprising:
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`shoulder parts (fig. 2, 104R/L rotate arms forward/back) that turn the arm parts about a rotation
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`shaft parallel (paragraph 077; three degreesof freedom at shoulder joint) to the width direction of the
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`mobile unit, wherein
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`positions of the hand parts(fig. 2,113R/L) in a forward and backward direction and a height
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`direction are adjusted by the shoulder parts (104/105/106 of shoulder move arm/handin all
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`x/y/z directions).
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`With respect to claim 5, Shimizu teaches mobile unit capable of turning movement, the mobile
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`unit comprising:
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`arm parts extending(fig. 1; paragraph 077, two arms extend from right and left side shoulders)
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`from right and left positions in a width direction (fig. 2, width across robot, R and L sides) of the mobile
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`unit; and
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`hand parts provided (fig. 1; paragraph077, two hands extend from wrist joints forward) ina
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`forward direction of the arm partsthat are combined ata center portion in the width direction of the
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`mobile unit,
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`

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`Application/Control Number: 16/131,263
`Art Unit: 2846
`
`Page5S
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`wherein each of the hand parts comprises an outer side surface (fig. 1, arms add to shape outer
`
`side robot) having an involute shape, the involute shape of each hand part being an involute of a base
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`circle, and
`
`wherein a center point of(fig. 2, center point thru 112/102 is base circle) the base circle passes
`
`through at least one of the center axes of the turning movement.
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`With respect to claim 6, Shimizu teaches further comprising shoulder partsthat turn thearm
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`parts (paragraph 077; three degrees of freedom at shoulder joint thru 104/105/106) about a rotation
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`shaft parallel to the width direction of the mobile unit,
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`wherein positions of the hand parts in a forward and backward direction and a height direction
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`(104/105/106 of shoulder move arm/handin all x/y/z directions) are adjusted by the shoulder parts.
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`Response to Arguments
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`1.
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`2.
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`Applicant's argumentsfiled 10/21/2020 have been fully considered but they are not persuasive.
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`With respect to applicant’s arguments about claim interpretation regarding the terms “involute
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`shape”and “a basecircle of the involute shape”. Examiner disagrees and feels the terms are indefinite.
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`Applicant is relying on unclear terminology to shape of mobile unit for novel feature.
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`Conclusion
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`3.
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`Applicant's amendmentnecessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`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 MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`

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`Application/Control Number: 16/131,263
`Art Unit: 2846
`
`Page 6
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`date of the advisory action.
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`In no event, however,will the statutory period for reply expire later than
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`SIX MONTHS from the date ofthis final action.
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`4.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to ERICK DAVID GLASS whose telephone number is (571)272-8395. The examiner can
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`normally be reached on Mon-Fri_8-5pm.
`
`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 reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Eduardo Colon-Santana can be reached on 571-272-2060. The fax phone number for the organization
`
`wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
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`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Ifyou would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/ERICK D GLASS/
`Primary Examiner, Art Unit 2846
`
`