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 .
In view of the appeal brief filed on 07/06/26, PROSECUTION IS HEREBY REOPENED. The rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/JERRAH EDWARDS/ Supervisory Patent Examiner, Art Unit 3774
Response to Arguments
Applicant's arguments filed 07/06/26 have been fully considered but they are not persuasive.
On page 7 regarding functional limitations, Applicant describes portions of the claims which are recited functionally. On pages 8-9 Applicant argues these features must be addressed by the Examiner according to the requirements of the MPEP and indicates the Examiner ignores these limitations in the office action. On pages 9-10, Appellant summarizes their understanding of inherent characteristics. On page 11 Appellant argues McBean [0066]-[0067], [0076], and [0083]-[0084] fails to disclose a linear hand actuator converting rotational motion to translational motion, and a grasp cable applying force to the finger or thumb saddle to cause relation motion therebetween. Appellant states that this is not addressed, since they are functional limitations, however these limitations are addressed by the cited paragraphs, as detailed below.
The Examiner respectfully notes there is no part of the rejection of record intended to refer to inherent limitations, since all the supposed “functional limitations” were adequately addressed in the rejection of record. The record is clarified below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Special definitions: As required by [0049] of Applicant’s specification, the term “set” is defined as “at least one member”. This definition will be used throughout examination of the claims.
Claims 1-3, 5-10, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McBean et al. (US 20090227925 A1) hereinafter known as McBean in view of Larose et al. (US 20200069441 A1) hereinafter known as Larose.
Regarding claim 1 McBean discloses a powered orthotic device (Abstract) for use in assisting relation motion of body parts of a subject (Abstract: the brace’s two sections connect to two parts of the body at a pivot and an actuator moves them with respect to one another) the device comprising:
an arm assembly (Figure 1 item 2) having:
an upper arm module (34), an upper arm cuff coupled to the upper arm module (4), configured to removably attach the upper arm module to an upper arm of the subject ([0061]),
a forearm module (32), a forearm cuff coupled to the forearm module (4),
an elbow module (8) pivotally attaching the upper arm module and the forearm module (Figure 1, Abstract, [0061]) via an associated first pivot (8) and configured to support relative motion of the subject’s upper arm and forearm about an elbow of the subject (Figure 1; [0061]); and ([0061] the arm and hand assemblies attached in series);
an electrically powered arm actuator including an electric motor ([0065]) configured to convert rotational motion to translational motion ([0066]-[0067], [0076] drive assembly cables of the motor are considered capable of converting rotational motion to translational motion), the actuator coupled through an elbow cable ([0066] the actuator assembly can include tensile members 42 which can be a cable) to apply force to the upper arm module relative to the forearm module so as to cause relative motion of the upper arm and forearm about the elbow ([0065] and [0084]);
a hand assembly ([0061]; Figure 18) having a grasp module including (aa) a finger saddle (34 (top)) configured for removable attachment to (one finger) of the subject (Figure 18) and (bb) a thumb saddle (34 (bottom)) configured for removable attachment to a thumb of the subject (Figure 18), wherein the finger saddle is pivotally coupled to the thumb saddle via a second pivot (Figure 18 shows the top and bottom elements coupled at a pivot) to support relative motion of the finger saddle and the thumb saddle between a grasping position and an open position ([0061] the device has a pivoting joint, and includes an embodiment where the pivoting joint is placed between two fingers, with straps securing the two segments to the two fingers with the pivoting joint aligned with its axis of rotation; [0025] Figure 18 shows how the device incudes supports 32 and 34 attached to a thumb and finger as the two fingers; [0083], the device is useable with the supports applied to the thumb and finger; and [0084] the actuator functions to pivot the two sections, which are secured to the thumb and forefinger, relative to one another via the pivot. See also Figure 18 which shows the device positioned at the junction of the finger and thumb. The extension direction (Abstract) resulting in an open position and the flexion direction (Abstract) resulting in the grasping position.) the hand assembly further including an electrically powered hand actuator including an electric motor ([0065], [0084]) configured to convert rotational motion to translational motion ([0066]-[0067], [0076] drive assembly cables of the motor are considered capable of converting rotational motion to translational motion), the hand actuator coupled through a grasp cable ([0066] the actuator assembly can include tensile members 42 which can be a cable; [0084] the actuator can be applied to the hand; see also the embodiment of Figure 18) to apply force to the finger saddle relative to the thumb saddle so as to cause relative motion of the finger saddle and the thumb saddle between the grasping position and the open position ([0061] the device has a pivoting joint, and includes an embodiment where the pivoting joint is placed between two fingers, with straps securing the two segments to the two fingers with the pivoting joint aligned with its axis of rotation; [0025] Figure 18 shows how the device incudes supports 32 and 34 attached to a thumb and finger as the two fingers; [0083], the device is useable with the supports applied to the thumb and finger; and [0084] the actuator functions to pivot the two sections, which are secured to the thumb and forefinger, relative to one another via the pivot. See also Figure 18 which shows the device positioned at the junction of the finger and thumb. The extension direction (Abstract) resulting in an open position and the flexion direction (Abstract) resulting in the grasping position; and [0084] and Figure 18 the actuator can apply the movement to the finger/thumb saddles to provide the torque to result in the opening and grasping extension/flexion directions) and
wherein the arm and hand actuators are disposed in a pack (18) configured to be worn by the subject in a position remote from an arm of the subject ([0082] any component of the device can be positioned in the external control system, the control system is worn “over the shoulder” which is considered to be “remote from the arm”; [0105] the component includes actuators);
but is silent with regards to the actuator(s) being linear and backdriveable.
However, regarding claim 1 Larose teaches that actuators can be linear and backdriveable ([0010]-[0012], [0019] ball screw operation), and further teaches that actuators can be mounted within a remote linear actuator assembly (Figures 12-13 show the assembly including the motor and transmission components located remote from the joints which they control on the user’s back). McBean and Larose are involved in the same field of endeavor, namely orthotic devices. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the device of McBean so that the actuators are linear and backdriveable as is taught by Larose as a known drive mechanism to allow movement in two directions. Bi-directional movement is ideal for joints of the upper extremities since these often require both forward/reverse movements (e.g. abduction/adduction). The courts have held that the simple substitution of one known element for another to obtain predictable results in a prima facie case of obviousness. See MPEP 2143 (I)(B).
Regarding claim 2 the McBean Larose Combination teaches the device of claim 1 substantially as is claimed,
wherein McBean further discloses the elbow cable is coupled to the arm actuator (Figure 7 item 26; [0065] the housing 26 includes the motor and gearhead at the elbow pivot 8) and routed to the elbow module over (a pulley) (Figure 8 items 44; [0066] pulleys) which causes the relative motion of the upper arm module and the forearm module about an axis proximate an elbow of the subject ([0067]).
Regarding claim 3 the McBean Larose Combination teaches the device of claim 1 substantially as is claimed,
but isn’t clear on the details of the cables/actuators and pulley configuration of the hand.
However, regarding claim 3 McBean discloses (or makes obvious) all the elements claimed for the hand cables, in relation to the arm assembly (see rejection to claim 2 above). Since the disclosure of McBean makes the inclusion of the same configuration and actuation/activation obvious (see McBean [0061] the arm assembly and hand assembly can be present in series), the obviousness of utilizing the same cable/pulley setup as is disclosed in the arm assembly is clear. See also Figure 18 for the movements of the fingers in opposite directions.
Regarding claim 5 the McBean Larose Combination teaches the device of claim 1 substantially as is claimed,
wherein McBean further discloses the hand assembly is coupled to the forearm module of the arm assembly ([0061] linear coupling).
Regarding claim 6 the McBean Larose Combination teaches the device of claim 1 substantially as is claimed,
wherein McBean further discloses a plurality of EMG sensor arrays (Figure 3 item 24; [0063] multiple arrays 24 can be present on or adjacent to different muscles, on different straps, and on different sections of the device), each configured to make electrical contact with skin of the subject ([0063]) which is in electronic communication with the assembly ([0067]);
wherein the linear actuator is configured to respond to respective volitional EMG signals from at least one of the arrays ([0067]).
Regarding claim 7 the McBean Larose Combination teaches the device of claim 6 substantially as is claimed,
wherein McBean further discloses the EMG sensor array is configured to be located on the upper arm of the subject or the forearm of the subject, or both (Figure 3; [0063]).
Regarding claim 8 the McBean Larose Combination teaches the device of claim 7 substantially as is claimed,
wherein McBean further discloses the actuators are configured to cause the relative motion of the upper arm and forearm modules ([0067]).
Regarding claim 9 the McBean Larose Combination teaches the device of claim 7 substantially as is claimed,
wherein McBean further discloses the hand actuator is configured to respond to the EMG signals to cause the relative motion of the finger saddle and thumb saddle ([0083]-[0084] the sensors that sense muscle signals from the user’s forearm or hand are useful in embodiments of the device for other parts of the body, including (Figure 18) the hand).
Regarding claim 10 the McBean Larose Combination teaches the device of claim 7 substantially as is claimed,
wherein McBean further discloses the arm and hand actuators are configured to respond to EMG signals to cause motion of both the upper arm and forearm modules, as well as to move the grasp cable to cause the relative motion of the finger saddle and thumb saddle ([0065] and [0083]-[0084]).
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNeam and Larose as is applied above in view of Goldfarb et al. (US 11207202 B2) hereinafter known as Goldfarb.
Regarding claim 14 the McBean Larose Combination teaches the device of claim 1 substantially as is claimed,
but is silent with regards to each of the upper arm/forearm modules being configured to be adjustable in length to accommodate a range of sizes of a corresponding limb of the subject.
However, regarding claim 14 Goldfarb teaches an orthotic arm device which is able adjust in length to accommodate a range of limb sizes on both an upper arm and forearm (Column 5 lines 59-62; Figure 1 shows how elements 106 are on both a forearm and upper arm). McBean and Goldfarb are involved in the same field of endeavor, namely orthotics. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the device of the McBean Larose Combination so that there are “length adjustments” as is taught by Goldfarb in order to allow the device to be fit to different users with different arm lengths.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacqueline Woznicki whose telephone number is (571)270-5603. The examiner can normally be reached M-Th 10am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jacqueline Woznicki/ Primary Examiner, Art Unit 3774
