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 .
This action is in response to the filing on 6/22/2022. Since the initial filing, claims 1-16 have been cancelled, claims 17-33 have been added and no claims have been amended. Thus, claims 17-33 are pending in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the wheels of claim 31 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Examiner notes discrepancies between claim language and description in the specification wherein the claimed language does not consistently map to that used in the description
At least one mislabeling seen on page 10 wherein reference number 42 is misattributed to “distal upper support arm”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19-23, 25, 26 and 31 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the limitation " the distal parallelogram connector" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “the distal upper parallelogram connector” as previously introduced to overcome this rejection.
Claim 20 recites the limitation "the distal ends" in line 1-2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “distal ends” to overcome this rejection.
Claim 21 recites the limitation "the distal ends" in line 102. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a distal end” to overcome this rejection.
Claim 22 recites the limitation " the extreme positions of the distal ends" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examine suggests changing to “extreme positions of a distal end” to overcome this rejection.
Claim 23 recites the limitation "the space" in line 5. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a space” to overcome this rejection.
Claim 25 recites the limitation "a space" in line 5. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a space” to overcome this rejection.
Claim 26 recites the limitation "wherein a or the one proximal connection leg part" in line 1-2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “the upper proximal connection leg part” to overcome this rejection.
Claim 31 recites the limitation "the surface" and “the walking user” in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing to “a surface” and “a walking user” or “the user” to overcome this rejection.
Claim 31 recites the limitation “wherein the main frame comprises at least a set of rolling wheels defining the surface onto which the apparatus for gait rehabilitation is displaced by the walking user” in line 1-3. It is unclear as to what is being described in this claim either structurally or functionally. The wheels and their location/function are not described within the specification nor are they indicated on the figures. For the purpose of examination, Examiner is interpreting this as intending for the wheels to be attached to the frame to allow for the device to be mobile such that it may move with the user while in use.
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(s) 17-22, 26-30 and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agrawal (US 2015/0297934) in view of Furrer (WO 2015/024852).
In regards to claim 17, Agrawal discloses a leg actuation apparatus for a user with a leg actuation mechanism frame (actuators 300 on trolley platform 102) comprising: a first driven axis positioned transverse to the walking direction of said user (drive 318), an upper attachment element for a first leg part of the user (element 304), comprising a transverse upper transfer axis (see Annotated Fig 4), a distal upper parallelogram mechanism, comprising a distal upper support arm (306T), a distal upper parallelogram connector (see Annotated Fig 4), a distal upper connection leg part (306K) and a distal upper intermediate parallelogram connector (see Annotated Fig 4), wherein one end of the distal upper support arm is attached in a rotatable manner at the first driven axis (see Annotated Fig 4), wherein the other end of this distal upper support arm is providing an intermediate axis for the distal upper parallelogram mechanism (see Annotated Fig 4), wherein one end of the distal upper parallelogram connector is connected to rotate with the first driven axis (paragraph 36), wherein the distal upper connection leg part and the distal upper intermediate parallelogram connector are rotatably connected in series between the distal upper parallelogram connector and said intermediate axis, and a proximal upper parallelogram mechanism, comprising a proximal upper support arm, a proximal upper intermediate parallelogram connector, a proximal upper connection leg part and a proximal upper parallelogram connector, wherein one end of the proximal upper support arm is attached in a rotatable manner at the intermediate axis, wherein the other end of this proximal upper support arm is rotatably attached at the upper transfer axis, wherein the proximal upper intermediate parallelogram connector, a proximal upper connection leg part and a proximal upper parallelogram connector, are rotatably connected in series between said intermediate axis and said upper transfer axis, wherein the distal upper intermediate parallelogram connector and the proximal upper intermediate parallelogram connector are connected to rotate and the proximal upper parallelogram connector and upper attachment element are connected to rotate (paragraph 36-37, see Annotated Fig 4).
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Annotated Fig 4
Agrawal does not disclose that rotations are in a torque proof manner.
However, Furrer discloses a mechanical assistance device which rotates in a torque proof manner (page 2 line 30 – page 3 line 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Agrawal such that the rotation is in a torque proof manner as taught by Furrer as this would ensure that there is no sliding during said rotation (Furrer: page 2 line 30 – page 3 line 2).
In regards to claim 18, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses wherein a double distal parallelogram mechanism is attached on the distal upper support arm, wherein the double distal parallelogram mechanism comprises a double distal parallelogram connector, a double distal connection leg part and a double distal intermediate parallelogram connector, wherein one end of the double distal parallelogram connector is connected to rotate in a torque proof manner with the first driven axis, wherein the double distal connection leg part and the double distal intermediate parallelogram connector are rotatably connected in series between the double distal parallelogram connector and said intermediate axis (see Annotated Fig 4).
In regards to claim 19, Agrawal in view of Furrer teaches the device of claim 18 and Agrawal further discloses wherein the angle between the distal parallelogram connector and the double distal parallelogram connector is between 40 and 120 degrees, preferably between 60 and 120 degrees and especially 90 degrees (Fig 4 and 5).
In regards to claim 20, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses wherein the distal ends of the upper parallelogram mechanism can freely glide along the first driven axis (prismatic joint 116 provides lateral motion, paragraph 30 line 34-37).
In regards to claim 21, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses wherein the distal ends of the upper parallelogram mechanism are connected to an actuator for a driven movement along the first driven axis (prismatic joint 116 provides lateral motion, paragraph 30 line 34-37).
In regards to claim 22, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses further comprising abutments for fixing the extreme positions of the distal ends of the upper parallelogram mechanism on the first driven axis (mechanical end stops provided to prevent range of motion exceeding expected for patient, paragraph 28).
In regards to claim 26, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses wherein a or the one proximal connection leg part comprise a force sensor (paragraph 41 line 22-25).
In regards to claim 27, Agrawal in view of Furrer teaches the device of claim 17 and Agrawal further discloses wherein the legs actuation mechanism frame comprises one or more abutments to limit the movement of the parallelogram mechanism to a set adjustable value defining the maximum knee extension especially avoiding to overstretch the knee joint (mechanical end stops provided to prevent range of motion exceeding expected for patient, paragraph 28).
In regards to claim 28 Agrawal discloses an apparatus for gait rehabilitation comprising a main frame providing a possibility for a user to receive support during walking within this main frame and further comprising a first leg actuation apparatus for a user with a leg actuation mechanism frame (actuators 300 on trolley platform 102) comprising: a first driven axis positioned transverse to the walking direction of said user (drive 318), an upper attachment element for a first leg part of the user (element 304), comprising a transverse upper transfer axis, a distal upper parallelogram mechanism, comprising a distal upper support arm (306K), a distal upper parallelogram connector, a distal upper connection leg part and a distal upper intermediate parallelogram connector, wherein one end of the distal upper support arm is attached in a rotatable manner at the first driven axis (paragraph 36, see Annotated Fig 4), wherein the other end of this distal upper support arm is providing an intermediate axis for the distal upper parallelogram mechanism, wherein one end of the distal upper parallelogram connector is connected to rotate in a torque proof manner with the first driven axis, wherein the distal upper connection leg part and the distal upper intermediate parallelogram connector are rotatably connected in series between the distal upper parallelogram connector and said intermediate axis, and a proximal upper parallelogram mechanism, comprising a proximal upper support arm, a proximal upper intermediate parallelogram connector, a proximal upper connection leg part and a proximal upper parallelogram connector, wherein one end of the proximal upper support arm is attached in a rotatable manner at the intermediate axis, wherein the other end of this proximal upper support arm is rotatably attached at the upper transfer axis, wherein the proximal upper intermediate parallelogram connector, a proximal upper connection leg part and a proximal upper parallelogram connector, are rotatably connected in series between said intermediate axis and said upper transfer axis, wherein the distal upper intermediate parallelogram connector and the proximal upper intermediate parallelogram connector are connected to rotate and the proximal upper parallelogram connector and upper attachment element are connected to rotate, wherein the first leg actuation apparatus being attached to the main frame to support at least one part of a first leg of the user (paragraph 36-37, see Annotated Fig 4).
Agrawal does not disclose that rotations are in a torque proof manner.
However, Furrer discloses a mechanical assistance device which rotates in a torque proof manner (page 2 line 30 – page 3 line 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Agrawal such that the rotation is in a torque proof manner as taught by Furrer as this would ensure that there is no sliding during said rotation (Furrer: page 2 line 30 – page 3 line 2).
In regards to claim 29, Agrawal in view of Furrer teaches the device of claim 28 and Agrawal further discloses comprising a second leg actuation apparatus, wherein the first leg actuation apparatus comprises a first leg actuation mechanism frame for the first leg and the second leg actuation apparatus comprises a second leg actuation mechanism frame for the second leg of the user (Fig 11A).
In regards to claim 30, Agrawal in view of Furrer teaches the device of claim 28 and Agrawal further discloses wherein the main frame comprises a treadmill for the user to walk upon (treadmill 542, paragraph 48).
In regards to claim 32, Agrawal in view of Furrer teaches the device of claim 28 and Agrawal further teaches a method for leg actuation and gait rehabilitation of at least one leg of a user comprising the steps of: providing a leg actuation apparatus for a user according to claim 28, adapted to mimic the movement of a leg of the user, attaching at least one of the lower and/or upper parts of one leg of the user to said leg actuation apparatus, and guiding and/or driving the leg actuation apparatus (paragraph 36-37, see Annotated Fig 4).
In regards to claim 33, Agrawal in view of Furrer teaches the method of claim 32 and Agrawal further discloses wherein the attaching step further comprises; attaching the body of the user at a pelvis attachment of a weight suspension unit; and the guiding and/or driving step further comprises: guiding and/or driving the weight suspension unit (paragraph 38).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agrawal (US 2015/0297934) in view of Furrer (WO 2015/024852) as applied above and in further view of Sulzer (US 2018/0303697).
In regards to claim 23, Agrawal in view of Furrer teaches the device of claim 17.
Agrawal does not disclose wherein the distal upper support arm consists of a protective base plate being surrounded by a circumferential edge extending orthogonally from said protective base plate, wherein the circumferential edge surrounds the distal upper parallelogram connector and the distal upper intermediate parallelogram connector in a way that the distal upper connection leg part remains inside the space defined by the protective base plate and the circumferential edge.
However, Sulzer teaches an assistance device (system 100) having a distal upper support arm (linkages 113) consists of a protective base plate being surrounded by a circumferential edge extending orthogonally from said protective base plate, wherein the circumferential edge surrounds the distal upper parallelogram connector and the distal upper intermediate parallelogram connector in a way that the distal upper connection leg part remains inside the space defined by the protective base plate and the circumferential edge (cover 170, paragraph 31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Agrawal to have a distal upper support art consisting of a protective base plate being surrounded by a circumferential edge extending orthogonally from said protective base plate, wherein the circumferential edge surrounds the distal upper parallelogram connector and the distal upper intermediate parallelogram connector in a way that the distal upper connection leg part remains inside the space defined by the protective base plate and the circumferential edge as taught by Sulzer as this would protect the linkages and prevent access to or interference with the mechanisms while in use (Sulzer: paragraph 31).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agrawal (US 2015/0297934) in view of Furrer (WO 2015/024852) as applied above and in further view of Agrawal (US 2017/0027803), hereafter referred to as Agrawal-803.
In regards to claim 31, Agrawal in view of Furrer teaches the device of claim 28.
Agrawal does not disclose wherein the main frame comprises at least a set of rolling wheels defining the surface onto which the apparatus for gait rehabilitation is displaced by the walking user.
However, Agrawal-803 teaches an assistance device wherein the main frame comprises at least a set of rolling wheels defining the surface onto which the apparatus for gait rehabilitation is displaced by the walking user (paragraph 84).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Agrawal wherein the main frame comprises at least a set of rolling wheels defining the surface onto which the apparatus for gait rehabilitation is displaced by the walking user as taught by Agrawal-803 as this is another well known manner in which to allow the user to utilize the device for their greatest benefit and comfort.
Allowable Subject Matter
Claims 24 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785