DETAILED CORRESPONDENCE
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/08/2025 has been entered.
Response to Amendment
The amendment filed 10/08/2025 has been entered. Claims 1-20 remain pending in the application. Applicant' s amendments to the drawings and claims have overcome each and every 112(b) rejection and objection previously set forth in the Final Office Action mailed 04/09/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—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 or joint inventor of carrying out the invention.
Claims 1-4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 lines 38-47 recites the limitation “a working gas replenishing system configured to address leakage of working gas out of at least the first transmission chamber and the second transmission chamber by: continuously introducing a first amount of working gas…continuously introducing a second amount of working gas”, and lines 62-73 recites the limitations “in response to the portion of the first amount of working gas being lost…introducing the first amount of additional working gas… in response to the portion of the second amount of working gas being lost…introducing the second amount of additional working gas”. However, paragraph [00123] discloses continuously replenishing working fluid and paragraph [00124] discloses a refilling lost working fluid as a result of a pressure drop. The specification fails to disclose a working gas replenishing system that continuously introduces working gas and introduces working gas as a result of working gas being lost. As such, the limitation in considered new matter.
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 lines 38-39 recites the limitation “a working gas replenishing system configured to address leakage of working gas out of at least the first transmission chamber and the second transmission chamber.” It is unclear if the claim requires the first and second transmission chambers to actively leak.
Claim 1 lines 38-47 recite the limitations “a working gas replenishing system configured to address leakage of working gas out of at least the first transmission chamber and the second transmission chamber by: continuously introducing a first amount of additional working gas…continuously introducing a second amount of additional working gas”. It is unclear if this limitation requires the working gas replenishing system to run 100% of the time, i.e., the definition of continuously, or if this limitation requires the working gas replenishing system to always be replenishing the working gas when needed during operation.
Claim 1 lines 38-47 recites the limitation “a working gas replenishing system configured to address leakage of working gas out of at least the first transmission chamber and the second transmission chamber by: continuously introducing a first amount of working gas…continuously introducing a second amount of working gas”, and lines 62-73 recites the limitations “in response to the portion of the first amount of working gas being lost…introducing the first amount of additional working gas… in response to the portion of the second amount of working gas being lost…introducing the second amount of additional working gas”. It is unclear how the working gas replenishing system is continuously introducing gas, and also introducing gas in response to working gas being lost.
Claim 5 lines 13-15 recite the limitation “a working gas replenishing system configured to introduce additional working gas into the transmission chamber in response to the working gas leaking from the transmission chamber”. It is unclear if this limitation requires the transmission to actively be leaking.
Claim 11 lines 11-13 recite the limitation “a working gas replenishing system configured to introduce additional working gas into the pneumatic power transmission to address gas leaking from the pneumatic power transmission”. It is unclear if this limitation requires the transmission to actively be leaking.
Accordingly, from the above, the claims and disclosure are generally narrative and indefinite, appearing to be a literal translation into English from a foreign document. A great deal of confusion and uncertainty exists as to the proper interpretation of the claim limitations. In accordance with MPEP § 2173 the examiner has applied the prior art elsewhere below under 35 U.S.C. 102 and/or 103 in as best as the claims can be understood in the interest of compact prosecution. See In re Wilson, 424 F.2d 1382, 1385 (CCPA 1970); In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-4, 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lamb (WO 2018191710 A1) in view of Larose (US 20200069441 A1) and Branham.
Regarding claim 1, Lamb discloses an exoskeleton system (see Fig. 1, 100) comprising: a left and right leg actuator unit (110L, 110R) configured to be respectively coupled to a left and right leg (102L, 102R) of a user (101), the left and right leg actuator units each including: an upper arm (115) and a lower arm (120) that are rotatably coupled via a joint (125), the joint positioned at a knee (103L, 103R) of the user with the upper arm coupled about an upper leg portion of the user (104L, 104R) above the knee and with the lower arm coupled about a lower leg portion of the user (105L, 105R) below the knee, and a pneumatic bellows actuator (130; note Fig. 5 shows actuators 130 connected to a pneumatic system 520, as such, actuators 130 are inherently pneumatic bellows actuators) that extends between the upper arm and lower arm; a pneumatic power transmission (see Fig. 5, 520; see paragraph [0036], wherein the pneumatic system 520 can comprise any suitable device or system that is operable to inflate and/or deflate the actuators 130 individually or as a group), and an electronic exoskeleton device (see Fig. 5, 510), a working gas replenishing system (see paragraph [0036], wherein the pneumatic system can comprise a diaphragm compressor. Note that compressors pull in air from the outside and introduce it into the pneumatic system, and is therefore considered a working gas replenishing system). Lamb fails to disclose a separate first and second power transmission that each include: a transmission body that defines a transmission chamber, the transmission body having a first and second end, a lead screw that extends along an axis (X) within the transmission body, the lead screw rotatably coupled at the first end of the transmission body, and a piston that translates within the transmission chamber between the first and second ends of the transmission body via rotation of the lead screw, with translation of the piston within the transmission chamber changing a volume of the transmission chamber. However, Larose teaches a separate first (see Fig. 24, 120E, 241E, 240E, 10E, 122E, A) and second (120F, 241F, 240F, 10F, 122F, 2nd A not shown; see paragraph [0149], wherein the apparatuses 10 may be powered by a single power source A, although multiple power sources may also be present) power transmission; that each include: a transmission body (body of 120E and body comprising 240E, 241E; body of 120F and body comprising 240F, 241F) that defines a transmission chamber (chamber within 120E, 120F), the transmission body having a first and second end (left and right sides in the figure), a lead screw (240E, 240F) that extends along an axis (X) (axis of 240E, 240F) within the transmission body, the lead screw rotatably coupled at the first end of the transmission body (right side in the figure), and a piston (see paragraph [0150], wherein a ball screw mechanism installed between the piston and the rotary MR fluid clutch apparatus) that translates within the transmission chamber between the first and second ends of the transmission body via rotation of the lead screw (see paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown)), with translation of the piston within the transmission chamber changing a volume of the transmission chamber (see paragraph [0150], wherein movement of the piston rod generates pressure in the piston 120; i.e., the pressure is generated by a change in volume of the transmission chamber), a first (A) and second (A, not shown) mechanical power source respectively coupled to the lead screws of the first and second power transmission (see Fig. 24), the first and second mechanical power sources configured to independently rotate the respective lead screws to cause the respective pistons to translate within the respective transmission bodies to change the volumes respective first and second transmission chambers of the first and second power transmissions (via multiple power sources disclosed by paragraph [0149]). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb with a power transmission, as taught by Larose, to effectively combine the assistive power source to the human power source in order to provide an integrated system (see paragraph [0007]); to provide an assistive power source that works in concert with the human where smooth movement is sought (see paragraph [0010]); to provide an assistive powertrain that matches or exceeds the bandwidth of the human, otherwise the controllability of the system may not be optimal (see paragraph [0010]); to provide compliant and easily back-drivable actuators in order to not be damaged (see paragraph [0010]); and to provide power to the exoskeleton devices as offset time, i.e., power can be sent to each actuator individually (see paragraph [0125]). As a result of the combination, the following limitations would necessarily result: first and second pneumatic power transmissions (Lamb, 520); the transmission chamber (Larose, chamber within 120E, 120F) that holds a working gas (Lamb, pneumatic gas); the piston having a peripheral profile that engages an internal wall of the transmission body to generate a working-gas-impermissible seal (Larose, the piston inherently has a peripheral profile; and the piston of Larose inherently engages the internal wall to generate a gas-impermissible seal; note that fluid actuating systems rely on a fluid-impermissible seal so that fluid does not leak during compression and expansion. A fluid freely passing from one side of the piston to another would compromise the effectiveness of the fluid actuating system and can render it ineffective); and a first and second working gas line (Lamb, see Fig. 5, 145), that respectively couple the first and second power transmissions to a respective one of the pneumatic bellows actuators (Lamb, 130L, 130R) of the left and right leg actuator units (Lamb, 110L 110R), wherein the first working gas line (Lamb, 145) pneumatically couples the transmission chamber of the first power transmission (Larose, chamber within 120E) and the pneumatic bellows actuator (Lamb, 130L) of the left leg actuator unit (110L) to define a first working gas volume (volume of fluid within the fluid line, chamber and bellows) that holds a first amount of the working gas, and wherein the second working gas line (Lamb, 145) pneumatically couples the transmission chamber of the second power transmission (Larose, chamber within 120F) and the pneumatic bellows actuator (Lamb, 130R) of the right leg actuator unit (Lamb, 110R) to define a second working gas volume (volume of fluid within the fluid line, chamber and bellows) that holds a second amount of the working gas, the electronic exoskeleton device (Lamb, 510) for separately controlling positions of the respective pistons in the respective transmission chambers to separately control pneumatic pressures of working gas in the respective pneumatic bellows actuators (Lamb, paragraph [0031], wherein the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145), the electronic exoskeleton device configured to determine movements of the respective pistons from a first position to a second position, including a rate or speed of moving from the first position to the second position and pulsing movement from the first position to the second position (Lamb, paragraph [0035], wherein the sensors 513 can include any suitable type of sensor, and the sensors 513 can be located at a central location or can be distributed about the exoskeleton system 100. For example, in some embodiments, the exoskeleton system 100 can comprise a plurality of accelerometers, force sensors, position sensors, and the like, at various suitable positions, including at the arms 115, 120, joint 125, actuators 130 or any other location. Accordingly, in some examples, sensor data can correspond to a physical state of one or more actuators 130, a physical state of a portion of the exoskeleton system 100, a physical state of the exoskeleton system 100 generally, and the like), wherein the determined movements of the respective pistons are configured to collectively cause at least one action of the exoskeleton system including one or more of standing, walking and sitting (Lamb, paragraph [0031], wherein selective inflation and/or deflation of the bellows actuators 130 can move one or both legs 102 to generate and/or augment body motions such as walking, running, jumping, climbing, lifting, throwing, squatting, skiing or the like); the working gas replenishing system (Lamb, compressor) continuously introducing introduce a first amount of additional working gas into the first working gas volume, by introducing the first amount of additional working gas into the first transmission chamber of the first pneumatic power transmission, in response to address leakage of a portion of the first amount of working gas being lost from the first transmission chamber of the first pneumatic power transmission (compressors in a pneumatic system work by pulling in ambient air, compressing it, and introducing it into the system. Therefore, the compressor inherently introduces additional working gas. Additionally, paragraph [0036] discloses the pneumatic system 520 can comprise a compressor and paragraph [0031] states that the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145. Therefore, the exoskeleton device 510 controls the compressor and the compressor can be configured to add additional working gas into the system), and continuously introducing introduce a second amount of additional working gas into the second working gas volume, by introducing the second amount of additional working gas into the second transmission chamber of the second pneumatic power transmission, in response to address leakage of a portion of the second amount of working gas being lost from the second transmission chamber of the second pneumatic power transmission (compressors in a pneumatic system work by pulling in ambient air, compressing it, and introducing it into the system. Therefore, the compressor inherently introduces additional working gas. Additionally, paragraph [0036] discloses the pneumatic system 520 can comprise a compressor and paragraph [0031] states that the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145. Therefore, the exoskeleton device 510 controls the compressor and the compressor can be configured to add additional working gas into the system). Lamb in view of Larose fail to disclose a non-circular peripheral profile. However, Branham teaches a non-circular peripheral profile (see page 3, wherein an oval-shaped bore and rod). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb in view of Larose with a non-circular profile, as taught by Branham, so that the rod cannot rotate when extending or retracting; reduces the risk of component damage or failures which saves money and boosts productivity; and has a lower profile while fits in different spaces and can be stackable (see page 3). As a result of the combination, the following limitations would necessarily result: the non-circular profile prevents rotation of the piston within the transmission chamber (Branham, page 3).
Regarding claim 2, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the first and second mechanical power sources (Larose, A, A not shown) are controlled by the exoskeleton device (Lamb, Fig. 5, 510) based at least in part on data obtained from a plurality of gas sensors (Lamb, 513). Lamb fails to disclose a pressure sensor. However, Larose teaches a pressure sensor (see paragraph [0130], wherein a pressure sensor (not shown) may be installed in any piston chamber or in the hydraulic conduit 122B). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb with pressure sensors, as taught by Larose, to monitor fluid pressure with a cheaper type of force sensor (see paragraph [0130]; and help the system to identify the desired human force or movement and adjust the action of the prosthesis or exoskeleton to move in harmony with the human body (see paragraph [0011]).
Regarding claim 3, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the first and second mechanical power sources and the first and second power transmissions (Larose, see Fig. 24, 221) are disposed within a backpack configured to be worn by the user (Larose, see Fig. 25).
Regarding claim 4, Lamb in view of Larose disclose valves are absent from the pneumatic bellows actuators of the left and right leg actuator units; wherein valves are absent from the first and second pneumatic power transmissions; and wherein valves are absent from the first and second working gas lines (see disclosures of Lamb and Larose wherein no valves are disclosed).
Regarding claim 6, the combination of claim 5 elsewhere above would necessarily result in the following limitations: the piston has a peripheral profile (Larose, inherent property of the piston) that engages the internal wall of the transmission body to generate the gas-impermissible seal (the piston of Larose inherently engages the internal wall to generate a fluid-impermissible seal; note that fluid actuating systems rely on a fluid-impermissible seal so that fluid does not leak during compression and expansion. A leak in the system would compromise the effectiveness of the fluid actuating system and can render it ineffective). Lamb in view of Larose fail to disclose a non-circular profile. However, Branham teaches a non-circular peripheral profile (see page 3, wherein an oval-shaped bore and rod). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb in view of Larose with a non-circular profile, as taught by Branham, so that the rod cannot rotate when extending or retracting; reduces the risk of component damage or failures which saves money and boosts productivity; and has a lower profile while fits in different spaces and can be stackable (see page 3).
Regarding claim 16, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the piston has a peripheral profile (Larose, inherent property of the piston). Lamb in view of Larose fail to disclose a non-circular profile However, Branham teaches a non-circular peripheral profile (see page 3, wherein an oval-shaped bore and rod). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb in view of Larose with a non-circular profile, as taught by Branham, so that the rod cannot rotate when extending or retracting; reduces the risk of component damage or failures which saves money and boosts productivity; and has a lower profile while fits in different spaces and can be stackable (see page 3).
Claim 5, 7-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lamb (WO 2018191710 A1) in view of Larose (US 20200069441 A1).
Regarding claim 5, Lamb discloses an exoskeleton system (see Fig. 1, 100) comprising: a first and second pneumatic bellows actuator (130L, 130R); a pneumatic power transmission (see Fig. 5, 520; see paragraph [0036], wherein the pneumatic system 520 can comprise any suitable device or system that is operable to inflate and/or deflate the actuators 130 individually or as a group), an electronic exoskeleton device (see Fig. 5, 510), and a working gas replenishing system (see paragraph [0036], wherein the pneumatic system can comprise a diaphragm compressor. Note that compressors pull in air from the outside and introduce it into the pneumatic system, and is therefore considered a working gas replenishing system). Lamb fails to disclose first and second pneumatic power transmission that each include: a transmission body that defines a transmission chamber, the transmission body having a first and second end, a screw that extends along an axis (X) within the transmission body, the screw rotatably coupled at the first end of the transmission body, and a piston that translates within the transmission chamber between the first and second ends of the transmission body via rotation of the screw, with translation of the piston within the transmission chamber changing a volume of the transmission chamber, the piston engaging an internal wall of the transmission body to generate a gas-impermissible seal to hold and compress the working gas, a first and second mechanical power source respectively coupled to the screws of the first and second pneumatic power transmission, the first and second mechanical power sources configured to independently rotate the respective screws to cause the respective pistons to translate within the respective transmission bodies to change the volumes of the respective transmission chambers. However, Larose teaches first (see Fig. 24, 120E, 241E, 240E, 10E, 122E, A) and second (120F, 241F, 240F, 10F, 122F, 2nd A not shown; see paragraph [0149], wherein the MR fluid clutch apparatuses 10 may be powered by a single power source A, although multiple power sources may also be present) power transmission that each include: a transmission chamber (chamber within 120E, 120F), the transmission body having a first and second end (left and right sides in the figure), a screw (240E, 240F) that extends along an axis (X) (axis of 240E, 240F) within the transmission body, the screw rotatably coupled at the first end of the transmission body (right side in the figure), and a piston (see paragraph [0150], wherein a ball screw mechanism installed between the piston and the rotary MR fluid clutch apparatus) that translates within the transmission chamber between the first and second ends of the transmission body via rotation of the screw (see paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown)), with translation of the piston within the transmission chamber changing a volume of the transmission chamber (see paragraph [0150], wherein movement of the piston rod generates pressure in the piston 120; i.e., the pressure is generated by a change in volume of the transmission chamber), the piston engaging an internal wall of the transmission body to generate a gas-impermissible seal (the piston inherently engages the internal wall to generate a fluid-impermissible seal; note that fluid actuating systems rely on a fluid-impermissible seal so that fluid does not leak during compression and expansion. A leak in the system would compromise the effectiveness of the fluid actuating system and can render it ineffective), a first (A) and second (A, not shown) mechanical power source respectively coupled to the screws of the first and second power transmission (see Fig. 24), the first and second mechanical power sources configured to independently rotate the respective screws to cause the respective pistons to translate within the respective transmission bodies to change the volumes of the respective transmission chambers (via multiple power sources disclosed by paragraph [0149]). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb with a power transmission, as taught by Larose, to employ a motor/generator unit that operates in concert with human power to provide power to the joint actuators; to route power where the human effort needs to be augmented or replaced; and to increase the range or distance of human powered effort in comparison to the unassisted range or distance (see paragraph [0006]). As a result of the combination, the following limitations would necessarily result: first and second pneumatic power transmissions (Larose, Fig. 24); a transmission chamber (Larose, chamber within 120E, 120F) that holds a working gas (Lamb, pneumatic gas); a first pneumatic line (Lamb, Fig. 5, 145) that couples the first power transmission (Larose, 120E, 241E, 240E, 10E, 122E, A) to the first pneumatic bellows actuator (Lamb, 130L); and a second pneumatic line (Lamb, 145) that couples the second power transmission (Larose, 120F, 241F, 240F, 10F, 122F, 2nd A not shown) to the second pneumatic bellows actuator (130R), the electronic exoskeleton device (Lamb, 510) for separately controlling positions of the respective pistons in the respective transmission chambers to separately control pneumatic pressures of the working gas in the respective pneumatic bellows actuators (Lamb, paragraph [0031], wherein the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145), the working gas replenishing system (Lamb, compressor) configured to introduce additional working gas into the transmission chamber (Larose, chamber within 120E, 120F) in response to the working gas leaking from the transmission chamber (compressors in a pneumatic system work by pulling in ambient air, compressing it, and introducing it into the system. Therefore, the compressor inherently introduces additional working gas. Additionally, paragraph [0036] discloses the pneumatic system 520 can comprise a compressor and paragraph [0031] states that the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145. Therefore, the exoskeleton device 510 controls the compressor and the compressor can be configured to add additional working gas into the system).
Regarding claim 7, the combination of claim 5 elsewhere above would necessarily result in the following limitations: the first pneumatic line (Lamb, Fig. 5, 145) pneumatically couples the transmission chamber of the first power transmission (Larose, 120E, 241E, 240E, 10E, 122E, A) and the pneumatic bellows actuator (Lamb, 130L) to define a first working gas volume (volume of gas within the fluid line, chamber and bellows), and wherein the second pneumatic line (Lamb, 145) pneumatically couples the transmission chamber of the second power transmission (Larose, 120F, 241F, 240F, 10F, 122F, 2nd A not shown) and the pneumatic bellows actuator (130R) to define a second working gas volume (volume of gas within the fluid line, chamber and bellows).
Regarding claim 8, Lamb discloses a left and right joint actuator unit (110L, 110R) configured to be respectively coupled to a left and right joint (103L, 103R) of a user (101), the left and right joint actuator units respectively including the first and second pneumatic bellows actuators (130L, 130R).
Regarding claim 9, the combination of claim 5 elsewhere above would necessarily result in the following limitations: the first and second mechanical power sources and the first and second power transmissions (Larose, see Fig. 24, 221) are disposed within a backpack configured to be worn by the user (Larose, see Fig. 25).
Regarding claim 10, Lamb in view of Larose disclose valves are absent from the pneumatic bellows actuators; wherein valves are absent from the first and second pneumatic power transmissions; and wherein valves are absent from the first and second pneumatic lines (see disclosures of Lamb and Larose wherein no valves are disclosed).
Regarding claim 11, Lamb discloses an exoskeleton system (see Fig. 1, 100) comprising: a pneumatic actuator (130), an exoskeleton device (see Fig. 5, 510), and a working gas replenishing system (see paragraph [0036], wherein the pneumatic system can comprise a diaphragm compressor. Note that compressors pull in air from the outside and introduce it into the pneumatic system, and is therefore considered a working gas replenishing system). Lamb fails to disclose a pneumatic power transmission that includes: a transmission body that defines a transmission chamber that holds a working gas, the transmission body having a first and second end, and a piston that translates within the transmission chamber between the first and second ends of the transmission body, with translation of the piston within the transmission chamber: changing a volume of the transmission chamber, and compressing the working gas; a mechanical power source coupled to the pneumatic power transmission configured to cause the piston to translate within respective transmission body to change the volume of the transmission chamber, and compress the working gas. However, Larose teaches a power transmission (see Fig. 24, 120E, 241E, 240E, 10E, 122E, A) that includes: a transmission body (body of 120 and body comprising 240, 241) that defines a transmission chamber (chamber within 120), the transmission body having a first and second end (left side in the figure nearest 122 and right side in the figure nearest 10), and a piston (see paragraph [0150], wherein a ball screw mechanism installed between the piston and the rotary MR fluid clutch apparatus) that translates within the transmission chamber between the first and second ends of the transmission body (see paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown)), with translation of the piston within the transmission chamber changing a volume of the transmission chamber (see paragraph [0150], wherein movement of the piston rod generates pressure in the piston 120; i.e., the pressure is generated by a change in volume of the transmission chamber), a mechanical power source (A) coupled to the pneumatic power transmission (see Fig. 24) configured to cause the piston to translate within respective transmission body to change the volume of the transmission cavity (see paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown); and see paragraph [0150], wherein movement of the piston rod generates pressure in the piston 120; i.e., the pressure is generated by a change in volume of the transmission chamber). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Lamb with a power transmission, as taught by Larose, to employ a motor/generator unit that operates in concert with human power to provide power to the joint actuators; to route power where the human effort needs to be augmented or replaced; and to increase the range or distance of human powered effort in comparison to the unassisted range or distance (see paragraph [0006]). As a result of the combination, the following limitations would necessarily result: a pneumatic power transmission (Larose, Fig. 24); a transmission chamber (Larose, chamber within 120E, 120F) that holds a working gas (Lamb, pneumatic gas); translation of the piston (Larose, paragraph [0150], piston) within the transmission chamber (Larose, chamber within 120E, 120F) compressing the working gas (Lamb, pneumatic gas); a mechanical power source (Larose, A) coupled to the pneumatic power transmission (Larose, 120E, 241E, 240E, 10E, 122E, A) compressing the working gas (Lamb, pneumatic gas); a first pneumatic line (Lamb, 145) that couples the pneumatic power transmission (Larose, 221) to the pneumatic actuator (Lamb, 130), the exoskeleton device (Lamb, 510) for controlling the piston that translates within the transmission chamber between the first and second ends of the transmission body Lamb, paragraph [0031], wherein the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145), the working gas replenishing system (Lamb, compressor) configured to introduce additional working gas into the transmission chamber (Larose, chamber within 120E, 120F) in response to the working gas being lost from the transmission chamber (compressors in a pneumatic system work by pulling in ambient air, compressing it, and introducing it into the system. Therefore, the compressor inherently introduces additional working gas. Additionally, paragraph [0036] discloses the pneumatic system 520 can comprise a compressor and paragraph [0031] states that the exoskeleton device 510 can provide instructions to the pneumatic system 520, which can selectively inflate and/or deflate the bellows actuators 130 via pneumatic lines 145. Therefore, the exoskeleton device 510 controls the compressor and the compressor can be configured to add additional working gas into the system).
Regarding claim 12, the combination of claim 11 elsewhere above would necessarily result in the following limitations: a screw (Larose, 240) extends along an axis (X) (Larose, axis of 240) within the transmission body (Larose, body of 120 and body comprising 240, 241), the screw rotatably coupled at the first end of the transmission body (Larose, 240 connected to the left side in the figure closest to 10).
Regarding claim 13, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the piston translates within the transmission chamber between the first and second ends of the transmission body via rotation of the screw (Larose, paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown)).
Regarding claim 14, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the mechanical power source (Larose, A) is coupled to the screw of the pneumatic power transmission (Larose, 241) and configured to rotate the screw to cause the piston to translate within the transmission body to change the volume of the transmission chamber (Larose, paragraph [0150], wherein a ball screw reduction mechanism in order to push or pull on the piston rod (not shown); and paragraph [0150], wherein movement of the piston rod generates pressure in the piston 120; i.e., the pressure is generated by a change in volume of the transmission chamber).
Regarding claim 15, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the piston engages an internal wall of the transmission body to generate a gas-impermissible seal (the piston of Larose inherently engages the internal wall to generate a fluid-impermissible seal; note that hydraulic systems rely on a fluid-impermissible seal so that fluid does not leak during compression and air does not get into the system. Leaks and/or air in the system would compromise the effectiveness of the hydraulic system and can render it ineffective).
Regarding claim 17, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the pneumatic line (Lamb, 145) pneumatically couples the transmission chamber (Larose, chamber within 120) of the pneumatic power transmission (Larose, 221) and the pneumatic actuator (Lamb, 130) to define a working gas volume (the transmission chamber, fluid line and fluidic actuator in combination define a working gas volume).
Regarding claim 18, Lamb discloses a joint actuator unit (see Fig. 1, 110) configured to be coupled to a joint (103) of a user (101), the joint actuator unit including the pneumatic actuator (130).
Regarding claim 19, the combination of claim 11 elsewhere above would necessarily result in the following limitations: the mechanical power source (Larose, A) and the pneumatic power transmission (Larose, 221) are disposed within a backpack configured to be worn by a user (Larose, Fig. 25 and paragraph [0151]).
Regarding claim 20, Lamb in view of Larose disclose valves are absent from the pneumatic actuator; wherein valves are absent from the pneumatic power transmission; and wherein valves are absent from the first pneumatic line (see disclosures of Lamb and Larose wherein no valves are disclosed).
Response to Arguments
Applicant’s arguments filed 10/08/2025 regarding the prior art of Maddry are considered moot in view of the new grounds of rejection.
Applicant's arguments filed 10/08/2025 regarding Lamb, Larose and Branham have been fully considered but they are not persuasive.
Regarding Applicant’s argument that the cited references fail to teach or suggest “a transmission body that defines a transmission chamber that holds a working gas”, the Examiner respectfully disagrees. As noted by the rejection above, Lamb discloses a pneumatic system and Larose teaches a transmission comprising a body and a transmission chamber that holds a working fluid. Modifying the pneumatic system of Lamb with the transmission of Larose results in “a transmission body that defines a transmission chamber that holds a working gas”. First, “the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.” In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Second, "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396. The prior art of Lamb discloses a pneumatic system and the prior art of Larose discloses a transmission using hydraulic fluid. Both systems, i.e., pneumatic and hydraulic, have the same principle operation of using fluids as a motive force. One having ordinary skill in the art, who is not an automaton, would be motivated to modify the fluid actuating system of Lamb with the transmission disclosed by Larose for at least the reasons presented above in the rejection.
Applicant’s arguments regarding inherency, interchangeability, predictable substitution rationale, a change in principle operation, expectation of success, etc., all restate the same argument that the pneumatic system of Lamb cannot use a hydraulic fluid transmission of Larose. However, this is not the combination or the rationale the rejection relies upon. Applicant’s arguments take the position that the one and only outcome of combining the pneumatic system of Lamb and the transmission of Larose is using a hydraulic cylinder in a pneumatic system. However, this is categorically false, and the argument is untenable in view of the court decisions listed above. As noted in the arguments presented above, both systems use fluid as a motive force. One having ordinary skill in the art, again not being an automaton, would be motivated to modify the system of Lamb with the transmission of Larose for at least the reasons presented in the rejection above. Additionally, one having ordinary skill in the art can either take the creative steps required to adapt the transmission to be used with a pneumatic transmission, use an off the shelf similar transmission, build a transmission designed specifically for a pneumatic system, or any other ordinary creative way to combine the prior art. Further, the combined teaching of Lamb and Larose suggests to one having ordinary skill in the art to use a transmission comprising a motor, a ball screw, a piston, and a cylinder chamber with a pneumatic system.
Regarding Applicant’s argument that obviousness needs an articulated reason to combine, the Examiner notes the rejection of the claims above explicitly cite the disclosure of Larose to support the obviousness rejection.
Given at least the arguments presented above, Lamb in view of Larose disclose “a transmission body that defines a transmission chamber that holds a working gas” as required by the claims.
Regarding Applicant’s argument that the combination of Lamb and Larose is not a teaching of “a plurality of sensors including a plurality of gas pressure sensors”, the Examiner respectfully disagrees. Again, as noted in the arguments presented above, a person of ordinary skill in the art is not an automaton and would be motivated to combine the sensors of Larose with the system of Lamb. As such, Lamb in view of Larose disclose “a plurality of sensors including a plurality of gas pressure sensors” as required by the claims.
Conclusion
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618