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 .
Specification
The disclosure is objected to because of the following informalities: On page 1, line 12, “lightens” should read --lighten--; on line 15, “us” should be --use--. On page 2, lines 22 and 32, “son” and “MSD”, respectively, are not understood. On page 3, line 3, “its” should be replaced by --user’s--; on line 5, “does” should be --do--. On page 4, line 26, “its” should be --user’s--. On page 8, line 30, “fore” should be --force--. On page 9, line 17, “taught” should read --taut--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 18-24, 28-30, 32, and 35 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Yuan, US 2021/0078161 A1, via WO 2019/047898 A1, published on March 14, 2019. Yuan discloses a non-motorized physical-assistance exoskeletal device configured to lighten a weight on upper limbs of a wearer manually lifting and transporting a load [Figures 1a-1b; paragraphs 0001, 0005, 0036 (“passive”)], the device comprising a hip belt configured to pass around a waist or hips (Figures 20a-20b; paragraphs 0134-0136) and a load lifter and transporter comprising a transfer member to transmit the resultant vertical loads exclusively to the hip belt so as to relieve weight on the wearer’s back, upper limbs, shoulders, and neck (Figures 1a-1b, 4a, 5a; paragraphs 0085, 0094, 0133). The transfer member is constituted by a rigid dorsal support comprising two lateral branches erected perpendicularly to a single central column and projecting forwardly on either side of the wearer’s neck [Figures 1a-1b, 2a-2b, 3a-3d, 4a, 5a, 8a-8d; paragraphs 0075-0076 (“rigidity regulating unit”), 0079, 0111], the branches being structurally capable (MPEP § 2114) of passing over the shoulders by as much as 5 to 15 centimeters vertically (with regard to instant claims 18-20) without contacting the wearer in view of the diversity of wearers’ sizes and the adjustability of the device (Figure 4a; paragraphs 0083, 0085-0086).
Regarding claims 21-22, the two lateral branches are adjustable in height and in rotation with respect to the single central column (Figures 4a, 5a-5b; hinging seats 1313; paragraphs 0086-0087), and a central column upper portion is adjustable in effective height (paragraph 0086). Regarding claims 23-24, streamliners or force transmission units or chords 3 manually extend or retract to change an effective length of the load transfer member (Figures 1a-1b, 4a, 7a; paragraphs 0088, 0093-0094). Regarding claim 28, a winder may be directly or indirectly engaged with the single central column to automatically elongate or retract each streamliner [Figures 7a-7c; paragraphs 0093 (contraction devices 32 may be fixed to or embedded in back-carrying assisting unit 1: Figures 1a, 5a), 0094 (winding reel 321, etc.)]. Regarding claims 29-30, a manual brake close to a sleeve type handle at a streamliner end is engageable by the wearer to selectively block and unblock said effective length changes via slider block 325 (Figures 7a-7c; paragraphs 0093-0094). Regarding claim 32, an elastic return element connects the hip belt to a lower portion of the central column [paragraphs 0010-0013, 0073-0074 (torsion spring, etc.)]. Regarding claim 35, elastic straps may connect the hip belt to the lower limbs (Figure 15; paragraphs 0115-0116).
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.
Claims 25-27, 31, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan, US 2021/0078161 A1, via WO 2019/047898 A1. Regarding claims 25-27, streamliner or force transmission unit 3 extending through a passageway in a respective lateral branch would have been immediately obvious, if not inherent, from the drawings (Figures 1a-1b, 4a, 5a) in order to facilitate connection to the corresponding contraction device 32 (Figures 7a-7c), which in some variants may be “embedded into” a shoulder weight-bearing platform 132 (paragraph 0093, last sentence); each passageway being coated with PTFE, well-known in the art, would have been obvious in order to further lessen the load or force required to make adjustments on cord 3 length. Regarding claim 31, a hinge pin in a zone connecting the single central column to the hip belt would have been obvious in order to accommodate the wearer’s back inclinations relative to the lower limbs (paragraphs 0010-0011, 0013, 0019-0021, 0071, 0074). Regarding claims 33-34, back cushions and shoulder straps were likewise common in the art at the effective filing date of the present application and would have been obvious in order to more stably and comfortably affix the exoskeletal device to the wearer [paragraphs 0004 (ischemia, pain), 0023, 0107, 0111+, 0135].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Melanie Tyson can be reached at telephone number 571-272-9062. The fax phone number for the organization where this application or proceeding is 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 http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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.
/DAVID H WILLSE/ Primary Examiner, Art Unit 3774