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 .
Response to Amendment
Applicant’s amendments of claims 5, 8-9, 12, and 32 are acknowledged by the Examiner.
Applicant’s amendments of claims 8-9 have overcome the previous claim objections. Therefore, the claim objections are withdrawn.
Applicant’s amendments of claims 32 have overcome the previous claim rejections under 35 U.S.C. 112(b). Therefore, the claim rejections under 35 U.S.C. 112(b) are withdrawn.
Examiner notes that the previous claim rejection under 35 U.S.C. 112(b) of claim 36 contained a typographical error because the indicated offending limitation of claim 36 was actually a limitation of claim 37. Therefore, the previous rejection of claim 36 under 35 U.S.C. 112(b) is withdrawn, and the offending limitation of claim 37 is objected to.
Claims 5, 8-9, 11-13, 22-24 and 26-37 are currently pending in the application.
Response to Arguments
Applicant's arguments filed 08/27/2026 have been fully considered but they are not persuasive.
With respect to Applicant’s arguments regarding the limitation of “the another elastic member”. While claim 37 does recite “another elastic member” earlier in the claim. This limitation should still be amended as the limitation of claim 37 is still unclear in view of claim 12 which recites “wherein the one or more modular elastic members includes a first elastic member and second elastic member (i.e. another elastic member)”. Thus, claim 37 lacks clarity in that it is unclear if “another elastic member” of claim 37 is the second elastic member recited in claim 12, or a new elastic member (i.e. a third elastic member). The claim is accordingly objected to and the Examiner suggests amending the claim for clarity purposes.
In regards to Applicant’s arguments that Bujanda et al. fails to disclose modular elastic members coupled to a clutch mechanism external to the housing, Examiner respectfully disagrees. Clutch mechanism (160) of Bujanda et al. is a structure of 120 (see figure 68b), it can be seen in figure 43c that 120 is positioned within a housing (cover over 120) and that the modular elastic members are coupled to 120 (and thus, 160) at a position external to said housing.
Thus, Applicant’s arguments are not persuasive and the rejections under 35 U.S.C. 103 made in the non-final rejection mailed 04/28/2026 are maintained and updated in view of the claim amendments below.
Claim Objections
Claim 37 is objected to because of the following informalities:
Claim 37 recites the limitation “another elastic member of the one or more modular elastic members” in line 7. This limitation should be amended to recite “a third elastic member of the one or more modular elastic members” to avoid a lack of clarity as it is unclear if the recited “another elastic member” is the second elastic member, or a new, third elastic member. The second recitation of “the another elastic member” found in line 8 should be similarly amended.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5, 8-9, 11-13, 22-24, and 26-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujanda et al. (WO 2019/161232 A1) (hereinafter Bujanda) in view of Zelik et al. (WO 2018/136722 A1) (hereinafter Zelik).
In regards to claim 5, Bujanda discloses A wearable assistance device (wearable device; see [0091]; see figure 37b) comprising:
an upper-body interface (shoulder straps 110; see [0110]; see figure 37b);
a lower-body interface (thigh brace 110; see [0110]; see figure 37b);
a back component (210; see [0106]; see figures 37b, 43b, and 46a) connected to the upper-body interface (shoulder straps 110; shoulder straps 110 attached to quick attachment features of actuation element 120 positioned within 210 (see [0056] and [0377]));
a waist component (user’s pants; see figure 47c; see [0391]) connected to the lower-body interface (see figure 47c);
one or more modular members (212; see [0379]; see figure 42) detachably connected between the back component (210) and the lower-body interface (thigh brace 110; see figure 43a; 212 is clicked into the bottom of the actuation cable, and thus, can also be clicked out of (see [0393])); and
a clutch mechanism (160; see [0405]; see figure 68b) comprising a housing (cover of 120; see figure 43c), each of the one or more modular elastic members coupled to the clutch mechanism at a position external to the housing (see figure 43c-45 that 212 are connected to 160 at a position external to the cover of 120), the clutch mechanism (160) configured for selectively adjusting a torque provided by the one or more modular members about a back of a user when the clutch mechanism changes between disengaged and engaged states (see [0405]), wherein the clutch mechanism (160) is coupled to either the upper-body interface, the lower-body interface, or the back component (see figure 68b that 160 is located within 120 which is coupled to 210),
wherein the upper-body interface (shoulder straps 110) is selectable from amongst multiple upper-body interfaces of varying shapes or lengths configured to accommodate users with different shapes or statures (see figures 2a, 3, 21, 23, and 24b-c that the upper body interface can be formed as straps, vests, shirts, etc.),
wherein the upper-body interface (shoulder straps 110) is configured to be detachably connected to the back component (210) via a plurality of fasteners (buckles; see [0391]) , and
wherein at least one of the plurality of fasteners comprises webbing with a buckle (see [0093] that the textile elements and thus, the shoulder straps 110 are formed from webbing; see [0391] that the connection of the shoulder straps to the machined components of 120 seen in figures 38-42 and 43b is via a buckle engagement).
Bujanda further discloses a necessity to provide customized assistance to different users and tasks (see [0245], [0308]) and that the strap (112/212) can be adjusted to regulate the length of the strap to fit different individuals or for customized comfort-functionality (see [0393]). Bujanda does not disclose the one or more modular members are elastic and being selectable from amongst multiple modular elastic members of varying lengths, materials, or stiffness properties to accommodate users with different statures, material preferences, or assistance needs.
However, Zelik teaches an analogous wearable assistance device (600; see [0077]; see figure 6a) for the analogous purpose of providing assistive forces to a user for reducing lower back stress, fatigue, injury, and pain (see [0002]), comprising an analogous one or more modular members (606; see [0077]; see figures 6a and 6c); wherein the one or more modular members (606) are elastic (see [0077]) and are selectable from amongst multiple modular elastic members of varying lengths, materials, or stiffness properties to accommodate users with different statures, material preferences, or assistance needs (see [0063] and [0082]) for the purpose of providing one or more modular elastic members which can be utilized interchangeably to reduce forces on the low back muscles to reduce lumbar disc loading (see [0063]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more modular members as disclosed by Bujanda and to have included the one or more modular elastic members of varying materials or stiffness properties as taught by Zelik in order to have provided an improved wearable assistance device that would add the benefit of providing one or more modular elastic members which can be utilized interchangeably to reduce forces on the low back muscles to reduce lumbar disc loading (see [0063]) thereby increasing the device’s ability to customize the assistive force based on the specific user and tasks required as contemplated by Bujanda ([0245], [0308]).
In regards to claim 8, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the upper-body interface (shoulder straps 110) is in a form of a vest, a shirt, trunk straps, or upper-body garment (shoulder straps 110 wrap about a user’s trunk, and are a garment worn on the user’s upper body, and thus, are “trunk straps” or an “upper-body garment” as claimed).
In regards to claim 9, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the lower-body interface (thigh brace 110) is in a form of leg sleeves (see figure 37b that thigh brace 110 is in the form of a leg sleeve), pants, or shorts.
In regards to claim 11, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the clutch mechanism (160) is detachably connected to the back component (210; 120 (and therefore 160 which is formed in 120) can be detached from the device (see [0009], [0376]) and that actuation, power, or sensing units have quick connect/disconnect features to facilitate connection and removal (see [0387]).
Bujanda as now modified by Zelik does not explicitly disclose wherein the clutch mechanism is selectable from amongst multiple clutch mechanisms of varying types or adjustabilities to accommodate different assistive forces to the user provided by the one or more modular elastic members.
However, Zelik further teaches wherein the clutch mechanism (608) is selectable from amongst multiple clutch mechanisms of varying types (motorized and unmotorized clutch systems; see [0097] and [0100]) or adjustabilities (see [0011-0012], [0097], and [0100]) to accommodate different assistive forces (different clutch mechanisms accommodate different assistive forces (passive/active assistive forces for example)) to the user provided by the one or more modular elastic members (606).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the clutch mechanism as disclosed by Bujanda as now modified by Zelik and to have included additional clutch mechanisms of varying types to be utilized in the wearable assistance device as further taught by Zelik in order to have provided an improved wearable assistance device that would add the benefit of providing varying clutch mechanisms that can be interchangeably utilized based on the user’s needs and desires.
In regard to claim 12, Bujanda discloses a wearable assistance device (wearable device; see [0091]; see figure 37b) comprising:
an upper-body interface (shoulder straps 110; see [0110]; see figure 37b) including a back component (210; see [0106]; see figures 37b, 43b, and 46a);
a lower-body interface (212; see [0379]; see figure 42) including a first sleeve and a second sleeve (see figure 42);
one or more modular members (212; see [0379]; see figure 42) detachably connected to and extending between the back component (210) and the lower-body interface (thigh brace 110; see figure 43a; 212 can be clicked into the end of the actuation cable, and thus, can also be clicked out (see [0393]));
a clutch mechanism (160; see [0405]; see figure 68b) coupled to the back component (210) to selectively adjust a torque provided by the one or more modular members (212) about a back of the user when the at least one clutch mechanism changes between disengaged and engaged states (see [0405]), the clutch mechanism including housing (cover of 120; see figure 43c) and a cord (150; see [0093]; see figure 38), wherein a first portion of the cord is coupled to the clutch mechanism within the housing (see figure 43c-44) and a second portion of the cord is positioned external to the housing (see figure 43c);
a clutch connector (215; see [0236]; see figure 69) attached to the second portion of the cord of the clutch mechanism (see figure 69); and
wherein the one or more modular elastic members (212) includes a first portion and second portion (left and right portions of 212; see figure 69);
wherein a first end portion of the first portion is detachably coupled to the clutch connector (215), and a second end portion of the first portion is detachably coupled to the first sleeve of the lower-body interface (thigh anchor 110; see [0393] that the first end is clicked into 215; see [0387] that the actuation components (i.e. 212) can utilize quick connect and disconnecting features for connection to the textile elements (i.e. thigh anchor 110)), and
wherein a first end portion of the second portion is detachably coupled to the clutch connector (215) at a positioned external to the housing (see figure 44), and a second end portion of the second portion is detachably coupled to the second sleeve of the lower-body interface (thigh anchor 110; see [0393] that the second end is clicked into 215; see [0387] that the actuation components (i.e. 212) can utilize quick connect and disconnecting features for connection to the textile elements (i.e. thigh anchor 110)).
Bujanda does not disclose the one or more modular members are elastic and are selectable from amongst multiple modular elastic members of varying lengths, materials, or stiffness properties to accommodate users with different statures, material preferences, or assistance needs; and
a switch system connected to the clutch mechanism, wherein the switch system is configured to selectively actuate the clutch mechanism,
wherein the portions of the one or more modular elastic members are a first elastic member and second elastic member.
However, Zelik teaches However, Zelik teaches an analogous wearable assistance device (600; see [0077]; see figure 6a) for the analogous purpose of providing assistive forces to a user for reducing lower back stress, fatigue, injury, and pain (see [0002]), comprising an analogous one or more modular members (606; see [0077]; see figures 6a and 6c); wherein the one or more modular members (606) are elastic (see [0077]) and are selectable from amongst multiple modular elastic members of varying lengths, materials, or stiffness properties to accommodate users with different statures, material preferences, or assistance needs (see [0063] and [0082]) for the purpose of providing one or more modular elastic members which can be utilized interchangeably to reduce forces on the low back muscles to reduce lumbar disc loading (see [0063]);
a switch system (610/810; 610 passively actuates the clutch system and thus, is a passive switch (see [0095]); 810 is an active switch which allows a user to actively control the clutch (see [0098]); see figures 6b and 8) connected to the clutch mechanism (608), wherein the switch system is configured to selectively actuate the clutch mechanism (see [0095] and [0098]) for the purpose of passively or actively actuating the clutch mechanism allowing the increasing or decreasing the assistive force applied by the one or more modular elastic members (see [0095] and [0098]); and
wherein the one or more modular elastic members (606) are a first elastic member and second elastic member (see figure 6c) for the purpose of providing a pair of elastic members which provide individual assistive forces parallel to a muscle group other than the back of the user (See [0016]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable assistance device as disclosed by Bujanda and to have included the one or more modular elastic members of varying materials or stiffness properties, to have included the switch system connected to the clutch mechanism, and to have formed the one or more modular elastic members as a first and second elastic member as taught by Zelik in order to have provided an improved wearable assistance device that would add the benefits of providing one or more modular elastic members which can be utilized interchangeably to reduce forces on the low back muscles to reduce lumbar disc loading (see [0063]) thereby increasing the device’s ability to customize the assistive force based on the specific user and tasks required as contemplated by Bujanda ([0245], [0308]), providing a mechanism for passively or actively actuating the clutch mechanism allowing the increasing or decreasing the assistive force applied by the one or more modular elastic members (see [0095] and [0098]); and providing a pair of elastic members which provide individual assistive forces parallel to a muscle group other than the back of the user (See [0016]).
In regards to claim 13, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda as now modified by Zelik further discloses wherein the switch system (610/810 of Zelik) comprises a Bowden cable (see Zelik [0100] in reference to a Bowden cable being used to actuate the clutch mechanism).
In regards to claim 22, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses further comprising a motor or other powered actuator (120; see [0379]; see figure 42) connected to at least one of the one or more modular elastic members (212) and configured to adjust an assistive force provided to the user (see [0379]; see figure 69).
In regards to claim 23, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda as now modified by Zelik further discloses wherein the switch system (610/810 of Zelik) and is selectable from amongst multiple switch systems of varying lengths or types configured to accommodate users with different statures or switch system preferences (see [0095], [0098], and [0100]; 610 and 810 of Zelik are multiple switch systems at least of varying types and accommodate different users with different statures or preferences).
Bujanda as now modified by Zelik does not explicitly disclose the switch system is detachably connected to the clutch mechanism.
However, as discussed above, Zelik teaches the use of multiple switch systems (see [0095], [0098], and [0100]) which are of varying types and accommodate different users with different statures or preferences. Additionally Bujanda teaches the use of quick connect and disconnect features to be able to selectably attach and detach/disconnect actuation elements from the textile components (see [0387]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the switch system as disclosed by Bujanda as now modified by Zelik and to have detachably connected the switch system to the clutch mechanism in order to have provided an improved wearable assistance device that would add the benefit allowing a user interchange the multiple switch systems in order to customize the wearable assistance device to have different switch systems, and different adjustabilities of said switch systems based on the individual user’s wants and needs.
Furthermore, such a modification would have been obvious to one of ordinary skill in the art since it has been held that “if it were considered desirable for any reason to form a structure as removable, it would be obvious to make the structure removable for that purpose." In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (see MPEP 2144.04 V C). In the instant case it would be desirable to form Bujanda as now modified by Zelik’s switch system as a removable structure from the clutch system for the reason of adding the desirable benefit allowing a user interchange the multiple switch systems in order to customize the wearable assistance device to have different switch systems, and different adjustabilities of said switch systems based on the individual user’s wants and needs.
Additionally, Applicant has not disclosed that the use of a detachable switch system, or the switch system being selectable from multiple switch systems provides an advantage, is used for a particular purpose, or solves a stated problem. Applicant contrarily states in [0069] that “In a further embodiment, the wearable assistance device further comprises a switch system detachably connected to the clutch mechanism. The switch system may fully detach from the clutch mechanism, or alternatively, the switch system (with its included Bowden cable) and the clutch mechanism (connected to the Bowden cable) may be a sub-system that detaches (and attaches) together as a single module” thus implying that: not only are there embodiments of the device which do not comprise switch systems, but also a detachable nature of the switch system which allows for a selection of multiple switch systems is only used in some embodiments of the device and therefore, is not critical to Applicant’s claimed invention.
In regards to claim 24, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda as now modified by Zelik does not disclose further comprising a switch system connected to the motor or other powered actuator, wherein the switch system is configured to selectively actuate the motor or other powered actuator.
However, Zelik further teaches a switch system (610; see [0077]; see figure 6b) connected to the motor or other powered actuator (actuator; [0011] in reference to processors (i.e. 610) passively controlling powered clutch mechanisms), wherein the switch system (610) is configured to selectively actuate the motor or other powered actuator (actuator; see [0011]) for the purpose of providing a mechanism for passively actuating the device allowing the increasing or decreasing the assistive force applied by the one or more modular elastic members (see [0095]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable assistance device as disclosed by Bujanda as now modified by Zelik and to have included the switch system as further taught by Zelik in order to have provided an improved wearable assistance device that would add the benefit of providing a mechanism for passively actuating the device allowing the increasing or decreasing the assistive force applied by the one or more modular elastic members (see [0095]).
In regards to claim 26, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the back component (210) is flexible (see figure 43c that 210 is flexible to expose 120).
In regards to claim 27, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the back component (210) is rigid (see [0007] a semi-rigid component extending between the first anchor member and the second anchor member).
In regards to claim 28, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the clutch mechanism (160) comprises a powered actuator (120; see [0379]; see figure 42).
In regards to claim 29, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the waist component (user’s pants) and the lower-body interface (thigh anchor 110) are connected by one or more anchor leads comprised of webbing, straps or other flexible mechanical elements (see [0389]).
In regards to claim 30, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the waist component (user’s pants) and lower-body interface (thigh anchor 110) are detachably connected (see [0389]).
In regards to claim 31, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the waist component (user’s pants) is a portion of the pants, shorts, shirt, or other clothing worn by the user (see figure 47c; see [0389]).
In regards to claim 32, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses wherein the upper-body interface (shoulder straps 110) is detachably connected to the back component (210) via one or more of the following fasteners: the webbing with the buckle; a set of buckles (buckles; see [0391]), hook-and-loop, locking pins and holes.
In regards to claim 33, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda as now modified by Zelik further discloses wherein the clutch mechanism (160 of Bujanda) is unmotorized and controlled by a manual switch of the switch system (810 of Zelik; see Zelik [0098]).
In regards to claim 34, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda as now modified by Zelik further discloses wherein the clutch mechanism (160 of Bujanda) is motorized and controlled by a powered switch of the switch system (610 of Zelik; see Zelik [0077]).
Claim(s) 35-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujanda as now modified by Zelik as applied to claim 12 above, and further in view of Adeeko Jr. (US 2018/0193686 A1).
In regards to claim 35, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses that the clutch connector (215) can be formed as Bujanda as a low-friction roller, bearing, pulley, low-friction buckle, and the like (and the like capable of including carabiners; see [0236]). Bujanda as now modified by Zelik does not explicitly disclose wherein the clutch connector includes a carabiner.
However, Adeeko Jr. teaches an analogous one or more modular elastic members (34; see [0042]; see figure 1) of an analogous wearable assistance device (10; see [0041]; see figure 1; the device provides elastic resistive forces to the user’s body (see [0002] and thus, is capable of being utilized to provide assistive forces similar to the device of Bujanda); wherein the one or more modular elastic members (34) are connected to the device utilizing carabiners (36; see [0042] and [0060]; see figure 6) for the purpose of allowing the one or more modular elastic members to be quickly interchanged on the device by a user based on the amount of force the users wishes to be applied (see [0068-0069]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the clutch connector as disclosed by Bujanda as now modified by Zelik by including the carabiners as taught by Adeeko Jr. in order to have provided an improved wearable assistance device that would add the benefit of allowing the one or more modular elastic members to be quickly interchanged on the device by a user based on the amount of force the users wishes to be applied (see [0068-0069]).
In regards to claim 36, Bujanda as now modified by Zelik and Adeeko Jr. discloses the invention as discussed above.
Bujanda as now modified by Zelik and Adeeko Jr. further discloses wherein at least one of the first end portion of the first elastic member (first end portion of left 212 of Bujanda as now modified by Zelik) and the first end portion of the second elastic member (first end portion of right 212 of Bujanda as now modified by Zelik) is detachably coupled to the clutch connector (215 of Bujanda) via the carabiner (36 of Adeeko Jr. allows for the detachable connection, and interchanging of the elastic members and thus, the first end portions are coupled to 215 of Bujanda as claimed).
In regards to claim 37, Bujanda as now modified by Zelik discloses the invention as discussed above.
Bujanda further discloses the second end portion of the first elastic member (left 212 of Bujanda as now modified by Zelik) is detachably coupled to the first sleeve of the lower-body interface (left thigh anchor 110 of Bujanda; the actuation components (i.e. 212) can utilize quick connect and disconnecting features for connection to the textile elements (i.e. thigh anchor 110))) via quick-release connectors to allow the first elastic member of the one or more modular elastic members to be swapped with another elastic member of the one or more modular elastic members (see discussion of Zelik in claim 12 above with respect to the multiple elastic members); and
wherein the another elastic member has at least a length, a material, or a stiffness that is different from the first elastic member (see discussion of Zelik in claim 12 above with respect to the multiple elastic members).
Bujanda as now modified by Zelik does not disclose wherein: the first end portion of the first elastic member is detachably coupled to the clutch connector via a carabiner.
However, Adeeko Jr. teaches an analogous one or more modular elastic members (34; see [0042]; see figure 1) of an analogous wearable assistance device (10; see [0041]; see figure 1; the device provides elastic resistive forces to the user’s body (see [0002] and thus, is capable of being utilized to provide assistive forces similar to the device of Bujanda); wherein: the first end portion of the first elastic member (34) is detachably coupled via a carabiner (36; see [0042] and [0060]; see figure 6) for the purpose of allowing the one or more modular elastic members to be quickly interchanged on the device by a user based on the amount of force the users wishes to be applied (see [0068-0069]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment of the first end portion of the first elastic member to the clutch connector as disclosed by Bujanda as now modified by Zelik by utilizing the carabiners as taught by Adeeko Jr. in order to have provided an improved wearable assistance device that would add the benefit of allowing the one or more modular elastic members to be quickly interchanged on the device by a user based on the amount of force the users wishes to be applied (see [0068-0069]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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