DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/13/2026 has been entered.
Response to Arguments
This office action is responsive to the Request for Continued Examination filed on 05/13/2026. As directed by the amendment: claims 1, 3, 6 & 9 – 18 are pending, claims 1 is amended, claims 2,4,5 & 7-8 have been cancelled and no new claims have been added.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues Lin et al. does not disclose of a structure that allows air in the air intake chamber to be discharged through the discharges pipes, however, there is no limitation in the claims that discloses the communication between the two elements must be direct. Lin et la. discloses upon rotation the air goes from the intake chamber to the intake pipes towards the discharge pipes based on a structure formed by other elements of the device. It is recommended to make the limitation clearer by including a direct communication between both elements.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues Lin et al. does not disclose a structural element that allows the intake chamber of the upper rotation seat to communicate with the discharge chambers of the lower rotation seat upon rotation. However, there is no limitation in the claims that discloses the communication between the two elements must be direct. Lin et al. discloses the intake chamber and discharge pipes have an indirect relationship. It is recommended to make the limitation clearer by including a direct communication between both elements.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues Lin et al. discloses referral numeral “12” cannot be regarded as an element of an intake space, however, the referral number “12” is disclosed as the exhaust hole of the intake space. Based on the description of the claims, the examiner considers the reference number “12” to be used as disclosed.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues Lin et al. discloses referral numeral cannot be the intake recess as it is considered a notch. However, it is important to view that the limitation of the claims does not expressly disclose the intake recess as an intake space, meaning the broadest reasonable interpretation can take effect.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues the reference number “2110” of Lin et al. cannot be designated as a component of an exhaust space, however, based on the limitations of the claims the remarks provided are not claimed in the claims meaning the broadest reasonable interpretation still stands.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues claims 11 – 12 & 15 – 16 are allowable based on the remarks of claim 1. However, based on the response to arguments, claim 1 is still rejected meaning the claims maintain their rejection.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues claim 13 is allowable based on the remarks of claim 1. However, based on the response to arguments, claim 1 is still rejected meaning the claims maintain their rejection.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues claim 14 is allowable based on the remarks of claim 1. However, based on the response to arguments, claim 1 is still rejected meaning the claims maintain their rejection.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. The applicant argues claim 17 is allowable based on the remarks of claim 1. However, based on the response to arguments, claim 1 is still rejected meaning the claims maintain their rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1, 3, 6 & 9 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6152176 A) in further view over LE BLEU (US 2384318 A).
Regarding claim 1, A pneumatic distributor for intaking and exhausting air of an air pad, the pneumatic distributor (“air valve” Column 2, line 21) comprising:
a lower plate member 2 having one side to which an intake port 211 and an exhaust port 212 are connected and the other side to which a first port 221 and a second port 223 connected to the air pad 93 are connected (Column 2, line 45 discloses a lower rotational sear provided beneath the upper rotation seat & Column 3, lines 14 – 22);
and an upper plate member 1 rotatably coupled to an upper surface of the lower plate member 2 and configured to relatively rotate to control intaking and exhausting air through the first port 24 and the second port 25 (Column 2, line 26 discloses an upper rotational seat is placed over the lower rotational seat),
wherein the lower plate member 2 includes an intake recess 23 communicating with the intake port 211, an exhaust recess 24 communicating with the exhaust port 212, a first recess 26 communicating with the first port 221, and a second recess 27 communicating with the second port 222,
and the intake recess 23, the exhaust recess 24, the first recess 26, and the second recess 27 are formed on an upper surface of the lower plate member 2. (Column 2, line 47 discloses an annular air chamber is provided surrounding the lower axle hole and is communicated with the interior of the middle intake pipe through a middle air hole)
wherein the upper plate member 1 includes an intake recess 10 formed in a predetermined angle range from a surrounding of a central portion of a lower surface of the upper plate member 1 to one side in a radial direction and an exhaust hole 12 formed in a predetermined angle range from an outer side of the central portion to the other side in the radial direction (Column 2, line 28 discloses the bottom of the upper axle hole is surrounded by an upper inner intake chamber which is surrounded by an upper external discharge chamber).
and an exhaust recess 24 formed in a predetermined angle range from an outer side of the central portion to the other side in the radial direction (Column 2, line 28 discloses the bottom of the upper axle hole is surrounded by an upper inner intake chamber which is surrounded by an upper external discharge chamber),
Lin does not disclose wherein the exhaust recess of the lower plate member includes a circular recess portion formed at 360 degrees at an edge of the upper surface of the lower plate.
Lin does not disclose a circular recess portion 360 degrees at an edge of the upper surface of the lower plate.
However, LE BLUE discloses a circular recess portion 18 and at 360 degrees at an edge of the upper surface of the lower plate. (Column 3, line 60 discloses the function of the exhaust head).
Lin and LE BLUE are both considered to be analogous to the claimed invention because they are in the same field of valves. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to include circular recess portion formed at 360 degrees. By adding the circular recess, it will allow to overlap with the upper external discharge chamber and to allow for more air to be discharged. (Figure 2)
Modified Lin discloses a pair of inner recess portions (2110 and 2120, see Figure 2 annotations) each formed on a radially inner side in the circular recess portion (Figure 2, element 2 discloses the lower rotation seat), and an outer communication recess 24 portions formed outward in the circular recess portion 18 (Le Blue) and communicating with the exhaust port 212 (Column 2, line 43 - 46 discloses two discharge chambers are provided at the lateral sides of the lower rotation seat adjacent to the intake pipes and are communicated with the discharge pipes and through two air holes and respectively).
wherein the intake recess 10 of the upper plate member 1 includes a circular recess portion (see annotated Figure 1) formed at 360 degrees on a lower surface a center hole formed in a penetrating manner at the center, an arc-shaped recess 14 portion formed at a predetermined angle on an outer side of the circular recess portion (see annotated Figure 1) and formed in a radial position overlapping the first recess 26 or the second recess 27 of the lower plate member 2 according to a rotational position thereof (Figure 3-B & Figure 9),
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Fig. 1 of Lin, annotations
a first connection recess 11 portion formed to be connected between the circular recess portion (see annotated Figure 1) and the arc-shaped recess portion, and a second connection recess 121 portion formed on an outer side of the arc-shaped recess portion in the radial direction (See annotated Figure 2) and configured to be positioned to overlap one of the pair of inner recess portions (2110 and 2120, see Figure 2 annotations) of the lower plate member 2 according to a rotational position thereof (Figures 3-B, 7 & 9), such that, when the second connection recess 121 portion overlaps one of the pair of inner recess portions (2110 and 2120, see Figure 2 annotations) by rotation, air introduced into the intake recess 23 is discharged through the exhaust recess 24 to the exhaust port 212. (Column 3, lines 41 – 58)
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Fig. 2 of Lin, annotations
Regarding claim 3, Modified Lin discloses a pneumatic distributor as claimed in claim 1.
Modified Lin discloses wherein the intake recess 10 is formed at 360 degrees from the upper surface around a center hole 10 formed in a penetrating manner at the center. (Column 2, line 38 discloses a driving groove is provided at the upper axle hole on the top of the upper rotation seat)
Regarding claim 6, Modified Lin discloses a pneumatic distributor as claimed in claim 1.
Modified Lin discloses the first recess 26 and the second recess 27 of the lower plate member 2 and the pair of inner recess portions (2110 and 2120, see Figure 2 annotations).
Modified Lin does not expressly disclose wherein the first recess and the second recess of the lower plate member are disposed to be spaced apart from the pair of inner recess portions by an interval of 90 degrees and face each other.
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the degrees, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Regarding claim 9, Modified Lin discloses a pneumatic distributor as claimed in claim 1.
Modified Lin does not expressly disclose wherein the arc-shaped recess portion is formed at an angle of 110 to 140.
LE BLUE discloses a wherein the arc-shaped recess portion 46 is formed at an angle of 110 to 140. (See annotated Figure 4)
Lin and LE BLUE are both considered to be analogous to the claimed invention because they are in the same field of valves. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to include an arc-recess portion formed at an angle of 110 to 140. By adding the recess portion with that specific angle in order to ensure better communication with the upper external discharge chamber and allow more air to pass through. (Page 4, Column 2, lines 21 – 25)
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Figure 4 LE BLUE et al., annotations
Regarding claim 10, Modified Lin discloses a pneumatic distributor as claimed in claim 1.
Modified Lin does not disclose wherein the exhaust recess of the upper plate member is formed at an angle of 110 to 140 degrees.
Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the degrees, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Claim(s) 11, 12 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6152176 A) in view of LE BLEU (US 2384318 A) as seen in claim 1 in further view of Xue et al. (US 2020/0009001 A1) and Walsh et al. (US 2016/0346156 A1)
Regarding claim 11, Modified Lin discloses a pneumatic distributor as claimed in claim 1.
Modified Lin discloses wherein the air valve of the preset invention is comprised mainly of an upper rotational seat 1, a lower rotational seat 2 and a plurality of micro-switches 31,32, 33 and 34.
Lin does not expressly disclose a plurality of soft actuators configured for attachment to a portion of a leg to support muscular strength of the leg during walking; a pressure generator injecting or discharging air to or from the plurality of soft actuators; and the pneumatic distributor connected between the pressure generator and the plurality of soft actuators and adjusting pressure of air according to claim 1.
However, Xue a pressure generator 7 injecting or discharging air to or from the plurality of soft actuators 3, 4, 5, 7 & 8; and the pneumatic distributor 710 connected between the pressure generator 720 and the plurality of soft actuators 101 and adjusting pressure of air.
Xue does not disclose a plurality of soft actuators attached to a portion of a joint of a leg to support muscular strength of the leg during walking.
However, Walsh discloses a plurality of soft actuators configured for attachment to a portion of a leg to support muscular strength of the leg during walking. (Paragraph 0078, lines 1 - 6)
Lin and Xue are both considered to be analogous to the claimed invention because they are in the same field of air valves. Lin and Walsh are both considered to be analogous to the claimed invention because they are in the same field of walking aids. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to include a plurality of soft actuators configured for attachment to a portion of a leg to support muscular strength of the leg during walking; a pressure generator injecting or discharging air to or from the plurality of soft actuators; and the pneumatic distributor connected between the pressure generator and the plurality of soft actuators and adjusting pressure of air. By adding a plurality of soft actuators to the pneumatic distributor in order to convert a source of energy into movement to create a successful walking aid system that focuses on the intake and exhaust of pressure from a patient’s legs.
Regarding claim 12, Modified Lin discloses a pneumatic distributor as claimed in claim 11.
Modified Lin does not disclose a pneumatic chamber connected between the pressure generator and the pneumatic distributor, temporarily storing pressure of air supplied from the pressure generator, and supplying the stored pressure of air to the pneumatic distributor.
However, Xue discloses a pneumatic chamber connected between the pressure generator 7 and the pneumatic distributor 710, temporarily storing pressure of air supplied from the pressure generator 7, and supplying the stored pressure of air to the pneumatic distributor 720 (Paragraph 0088).
Lin and Xue are both considered to be analogous to the claimed invention because they are in the same field of air valves. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to include a pressure generator in order to supply the temporary stored pressure of air. (Paragraph 0088).
Regarding claim 15, Modified Lin discloses a pneumatic distributor as claimed in claim 12.
Modified Lin does not disclose a leg support module attached to upper and lower portions of the joint of the leg to perform a musculoskeletal role.
However, Xue discloses a leg support module 110 (Paragraph 0041, discloses a flexible suit that may include a first hip joint motion assembly, a first knee joint motion assembly and a first ankle joint motion assembly) attached to upper and lower portions of the joint of the leg to perform a musculoskeletal role.
Lin and Xue are both considered to be analogous to the claimed invention because they are in the same field of air valves. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to include a leg support module in order to assist the joints of the user when walking by making the movement of each leg to be controlled easily.
Regarding claim 16, Modified Lin discloses a pneumatic distributor as claimed in claim 15.
Modified Lin does not disclose wherein the leg support module is disposed on an inner side and an outer side of the leg.
Xue discloses wherein the leg support module 110 is disposed on an inner side and an outer side of the leg. (Figure 1B)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Lin to include a leg support module is disposed on an inner side and an outer side of the leg in order to create a flexible suit that can make the movement for the wearer easier (Abstract)
Claims 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6152176 A) in view of LE BLEU (US 2384318 A), Xue et al. (US 2020/0009001 A1) and Walsh et al. (US 2016/0346156 A1) as applied to claim 12, and in further view of SHIM et al (US 2017/0119615 A1) .
Regarding claim 13, Modified Lin discloses the claimed invention in claim 12.
Modified Lin does not disclose a pneumatic chamber connected between the pressure generator and the pneumatic distributor, temporarily storing pressure of air supplied from the pressure generator, and supplying the stored pressure of air to the pneumatic distributor.
However, Xue discloses a pneumatic chamber connected between the pressure generator 7 and the pneumatic distributor 710, temporarily storing pressure of air supplied from the pressure generator 7, and supplying the stored pressure of air to the pneumatic distributor 720. Xue does not disclose a walking period recognition module including a plurality of inertial measurement unit (IMU) sensors to recognize a walking period of a walker.
However, SHIM discloses a walking period recognition module including a plurality of inertial measurement unit (IMU) sensors 1210 to recognize a walking period of a walker (Paragraph 0243 discloses the use of a sensor to measure the wearers movement).
Lin and Xue are considered to be analogous to be claimed invention because they are in the same field of air valves. While, Xue and SHIM are considered to be analogous to the claimed invention because they are in the same field of motion assistance. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Lin to include a plurality of IMU sensor in order to determine if the wearer is walking with difficulty and find an effective solution for the problem at hand (Paragraph 0243 discloses the use of the IMU sensor and the solutions it provides to the wearer)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6152176 A) in view of LE BLEU (US 2384318 A), Xue et al. (US 2020/0009001 A1), Walsh et al. (US 2016/0346156 A1) as seen in claim 12 in further view of Calisti et al. (US 2014/0083230 A1).
Regarding claim 14, Modified Lin discloses a pneumatic distributor as claimed in claim 12.
Modified Lin does not disclose wherein the plurality of soft actuators are disposed in an up-down direction on the rear of a knee.
Xue further discloses wherein the plurality of actuators 102 are disposed in an up-down direction on the rear of a knee (Figure 1B, element 110 shows the pneumatic muscle in the rear of the knee)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Lin to include a plurality of actuators disposed in an up-down direction on the rear of a knee in order to allow the a flexion movement of the wearer’s knee joint that can be achieved by driving a shank to move. (Paragraph 0096)
Xue does not disclose soft actuators.
Calisti describes artificial pneumatic muscles as a specific type of soft actuators, making Xue’s pneumatic muscles be able to be identified as a soft actuator. (Paragraph 0002, lines 1 – 5)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Lin to include soft actuators in order to allow the continuous bending due to the infinite degrees of freedom. (Paragraph 0002)
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6152176 A), LE BLEU (US 2384318 A), Xue et al. (US 2020/0009001 A1) and Walsh et al. (US 2016/0346156 A1) as applied to claim 15, and in further view of ZHANG et al. (US 2020/0206064 A1).
Regarding claim 17, Modified Lin discloses the claimed invention of claim 15,
Modified Lin does not disclose a fixing band surrounding the plurality of soft actuators and the leg support module to attach the plurality of soft actuators and the leg support module to the leg.
However, ZHANG discloses a fixing band 301 and 302 surrounding the plurality of soft actuators 3 and the leg support module 1 to attach the plurality of soft actuators 3 and the leg support module 1 to the leg.
Lin and Walsh are both considered to be analogous to the claimed invention because they are in the same field of walking aids. While Walsh and ZHANG are both considered to be analogous to the claimed invention because they are in the same field as actuators. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modify Lin to include a fixing band in order to hold the soft actuators in place to provide the wearer with comfortable leg support. (Paragraph 0033)
Regarding claim 18, Modified Lin discloses the claimed invention of claim 17.
Modified Lin does not disclose wherein the fixing band and is disposed above and below the knee.
ZHANG further discloses wherein the fixing band 301 and 302 is disposed above and below the knee.
Lin and Walsh are both considered to be analogous to the claimed invention because they are in the same field of walking aids. While Walsh and ZHANG are both considered to be analogous to the claimed invention because they are in the same field as actuators. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modify Lin to include a fixing band that can be disposed above and below the knee as it will make the braces on both sides of the calf to no longer be subjected to an external force (Paragraph 0024)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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