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
The amendment filed 11/05/2025 has been entered. Applicant’s amendments to the claims have overcome each and every 35 U.S.C. 112 rejection previously set forth in the Non-Final Office Action mailed 08/05/2025.
Claim 3 has been cancelled.
Claims 1-2 and 4-19 are currently pending and considered below.
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.
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.
Claims 1-2, 8-12, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Dalley et al. (US 2020/0060921) and further in view of Lim et al. (US Pub. 2018/0360347).
Regarding independent claim 1, Dalley et al. teaches a method of measuring muscular fitness performed by a wearable device (control method for orthosis 100 using control system 20, Fig. 14, par. [0068] “In the third step of the control method, therefore, the control system electronically gathers user performance data associated with the automated assessment and determines user performance metrics. In the example of an automated MMT, the control system may determine muscle grade based on contraction strength, and combine muscle grade results with any other pertinent user information to evaluate user performance and muscle strength as would be typical of a manual MMT”), the method comprising:
determining a target resistance profile for a target movement to be performed by a user wearing the wearable device (par. [0065] “In the first step of the general control method, an automated assessment and adjustment protocol may be initiated in a variety of ways utilizing the interface components associated with the control system of the mobility device” and par. [0067] “the control system controls the joint components to provide increasing resistance to motion with each subsequent movement, and the sensors can gather data on affected joint torque and joint motion that the user can apply”);
controlling a motor driver circuit of the wearable device based on the target resistance profile to control a motor of the wearable device in providing a resistance force to the user (par. [0037] “the orthosis 100 shown in FIGS. 2-6 may incorporate four drive components configured as electro-motive devices (for example, electric motors), which impose sagittal plane torques at each knee and hip joint components including (right and left) hip joint components 102R, 102L and knee joint components 104R, 104L” and see pars. [0067] and [0069], providing more or less resistance/assistance includes controlling the motors of the orthosis 100);
obtaining state information of a movement performed by the user under the resistance force (see par. [0071]-[0072], control system obtains state information as user performance data based on movement under each resistance force); and
determining muscular fitness of the user based on the state information (see par. [0068], through automated Manual Muscle Test).
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Dalley et al. does not teach wherein the determining of the target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal.
Lim et al. discloses an analogous method of measuring muscular fitness (hip joint angular information constitutes muscular fitness, i.e. the muscular ability of a user to flex and extend his hip through angular measurements) performed by a wearable device (method of using walking assistance apparatus 100), wherein determining a target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal (see par [0171], “a user may select a gait type of the user from a plurality of abnormal gait types using the display 140. The controller 120 may receive, in advance, the abnormal gait type of the user, and may output the assistance torque corresponding to the abnormal gait type” where the output assistance torque for each of a plurality of abnormal gait types represents a target resistance profile as a torque applied in one direction creates resistance to movement in the opposite direction; user terminal at display 140).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method of Dalley et al. to include determining the target resistance profile from among a plurality of target resistance profiles based on a resistance level received from a user terminal, as is similarly taught by Lim et al., for the purpose of allowing increased adjustability to the wearable device to allow customization of the intensity of resistance applied by the wearable device during an exercise or rehabilitation session.
Regarding claim 2, Dalley et al. as modified further teaches transmitting information of the determined muscular fitness to the user terminal (par. [0068] “The control system can then operate to store the combined results, such as in the memory 30 in the device itself, or transmit results to an external device via the communications interface 32”).
Regarding claim 8, Dalley et al. as modified further teaches wherein the state information (user performance data) comprises a first angle of a first joint of the user measured by a sensor (par. [0058], “For gathering appropriate sensory information, the sensors 36 may include the use of accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity”).
Regarding claim 9, Dalley et al. as modified further teaches wherein the measuring of the muscular fitness of the user (i.e., automated MMT) based on the state information comprises:
calculating a plurality of preset indicators based on the state information (user performance data includes indicators calculated by sensors, including “accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity” and contraction strength, see par. [0058] and [0068]); and
calculating the muscular fitness based on the plurality of preset indicators (par. [0068] “In the third step of the control method, therefore, the control system electronically gathers user performance data associated with the automated assessment and determines user performance metrics. In the example of an automated MMT, the control system may determine muscle grade based on contraction strength, and combine muscle grade results with any other pertinent user information to evaluate user performance and muscle strength as would be typical of a manual MMT”).
Regarding claim 10, Dalley et al. as modified further teaches wherein the plurality of preset indicators comprise at least one of peak torque, work, muscular power (i.e., contraction strength), muscular endurance, torque acceleration energy (i.e., angular velocity), acceleration time, and a range of motion (i.e., orientation or angle; see par. [0058] and [0068]).
Regarding claim 11, Dalley et al. as modified further teaches transmitting a progress level of the target resistance profile to the user terminal (see par. [0068]-[0069], results of automated assessment transmitted to external device via communications interface 32).
Regarding claim 12, Dalley et al. as modified further teaches receiving, from the user terminal, a signal associated with a muscular fitness measurement mode as an operation mode for controlling the wearable device (par. [0065] “In the first step of the general control method, an automated assessment and adjustment protocol may be initiated in a variety of ways utilizing the interface components associated with the control system of the mobility device. For example, a dedicated control button of one of the control inputs 48 on the interface 45 may be employed”).
Regarding claim 14, Dalley et al. as modified further teaches
receiving, from the user, an input that selects an assistance mode as an operation mode for controlling the wearable device (par. [0065]);
based on receiving the input that selects the assistance mode, calculating an assistance torque value for a first joint of the user based on a first angle of the first joint measured using a sensor (par. [0067] “the control system controls the joint components to provide increasing resistance to motion with each subsequent movement, and the sensors can gather data on affected joint torque and joint motion that the user can apply” and see par. [0058], sensors measure orientation or angle or upper leg and torso); and
providing an assistance force to the user by controlling the motor driver circuit based on the assistance torque value (par. [0067], [0069]-[0070]).
Regarding claim 15, Dalley et al. as modified further teaches a non-transitory computer-readable storage medium storing instructions that are executable by a processor to perform the method of claim 1 (par. [0046] “To implement the features of the present invention, the exoskeleton device or other mobility device may include a control system having one or more processor devices that are configured to execute program code stored on a non-transitory computer readable medium embodying the control methods associated with the generalized control of the exoskeleton device, including the control operations of the present invention”).
Regarding independent claim 16, Dalley et al. teaches a wearable device (orthosis 100), comprising:
a memory in which a program for measuring muscular fitness of a user is recorded (par. [0056] “The exoskeleton control application 26 may be stored in a non-transitory computer readable medium, such as random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), or any other suitable medium”; see par. [0068]);
a processor configured to execute the program (par. [0046] “To implement the features of the present invention, the exoskeleton device or other mobility device may include a control system having one or more processor devices that are configured to execute program code stored on a non-transitory computer readable medium embodying the control methods associated with the generalized control of the exoskeleton device”);
a communication module configured to exchange data with an external device (communications interface 32, par. [0057] “the communications interface may communicate electronically with an external mobile communication device over a wireless interface by transmitting signals to and receiving signals from the drive components for control of the mobility device”);
a sensor configured to measure a first angle of a first joint of the user (par. [0058] “the sensors 36 may include the use of accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity”);
a motor driver circuit (control circuit 22) configured to be controlled by the processor (par. [0041] “each of thigh assembly housings 109R, 109L may include drive components configured as two motive devices (e.g., electric motors) which are used to drive the hip and knee joint component articulations” and see par. [0059]); and
a motor electrically connected to the motor driver circuit (motors associated with each hip or knee joint, see par. [0037], [0041]), wherein the program is configured to perform the following operations of:
determining a target resistance profile for a target movement to be performed by the user wearing the wearable device (par. [0065] “In the first step of the general control method, an automated assessment and adjustment protocol may be initiated in a variety of ways utilizing the interface components associated with the control system of the mobility device” and par. [0067] “the control system controls the joint components to provide increasing resistance to motion with each subsequent movement, and the sensors can gather data on affected joint torque and joint motion that the user can apply”);
controlling a motor driver circuit of the wearable device based on the target resistance profile to control the motor of the wearable device in providing a resistance force to the user (par. [0037] “the orthosis 100 shown in FIGS. 2-6 may incorporate four drive components configured as electro-motive devices (for example, electric motors), which impose sagittal plane torques at each knee and hip joint components including (right and left) hip joint components 102R, 102L and knee joint components 104R, 104L” and see par. [0069], providing more or less resistance/assistance includes controlling the motors of the orthosis 100);
obtaining state information of a movement performed by the user under the resistance force (see par. [0071]-[0027], control system obtains state information as user performance data based on movement under each resistance force); and
determining muscular fitness of the user based on the state information (see par. [0068], through automated Manual Muscle Test).
Dalley et al. does not teach wherein the determining of the target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal.
Lim et al. discloses an analogous program for measuring muscular fitness (hip joint angular information constitutes muscular fitness, i.e. the muscular ability of a user to flex and extend his hip through angular measurements) performed by a wearable device (method of using walking assistance apparatus 100), wherein determining a target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal (see par [0171], “a user may select a gait type of the user from a plurality of abnormal gait types using the display 140. The controller 120 may receive, in advance, the abnormal gait type of the user, and may output the assistance torque corresponding to the abnormal gait type” where the output assistance torque for each of a plurality of abnormal gait types represents a target resistance profile as a torque applied in one direction creates resistance to movement in the opposite direction; user terminal at display 140).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the program of Dalley et al. to include determining the target resistance profile from among a plurality of target resistance profiles based on a resistance level received from a user terminal, as is similarly taught by Lim et al., for the purpose of allowing increased adjustability to the wearable device to allow customization of the intensity of resistance applied by the wearable device during an exercise or rehabilitation session.
Regarding claim 17, Dalley et al. as modified further teaches wherein the muscular fitness relates to at least one of peak torque, work, muscular power (i.e., contraction strength), muscular endurance, torque acceleration energy (i.e., angular velocity), acceleration time, and a range of motion (i.e., orientation or angle; par. [0068] “In the third step of the control method, therefore, the control system electronically gathers user performance data associated with the automated assessment and determines user performance metrics. In the example of an automated MMT, the control system may determine muscle grade based on contraction strength, and combine muscle grade results with any other pertinent user information to evaluate user performance and muscle strength as would be typical of a manual MMT” and user performance data includes indicators calculated by sensors, including “accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity” and contraction strength, see par. [0058] and [0068]).
Regarding claim 18, Dalley et al. as modified further teaches wherein the muscular fitness relates to at least one of peak torque, work, muscular power (i.e., contraction strength), muscular endurance, torque acceleration energy (i.e., angular velocity), acceleration time, and a range of motion (i.e., orientation or angle; par. [0068] “In the third step of the control method, therefore, the control system electronically gathers user performance data associated with the automated assessment and determines user performance metrics. In the example of an automated MMT, the control system may determine muscle grade based on contraction strength, and combine muscle grade results with any other pertinent user information to evaluate user performance and muscle strength as would be typical of a manual MMT” and user performance data includes indicators calculated by sensors, including “accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity” and contraction strength, see par. [0058] and [0068]).
Regarding independent claim 19, Dalley et al. teaches an exoskeleton (orthosis 100) for measuring muscular fitness of a limb of a user (see par. [0068]), comprising:
a first support member (lower leg assembly 106R or 106L) configured to be put on a first limb part of the limb of the user (lower leg);
a second support member (thigh assembly 108R or 108L) configured to be put on a second limb part of the limb of the user (thigh);
a driver (drive components, i.e., motors; see par. [0037]) and sensor (sensors 36), the driver and the sensor being connected to at least one of the first and the second support member (par. [0049] “These three overlapping circular portions make an ovular shape, which may include the referenced sensors and electronic control devices”);
a memory storing a program for measuring muscular fitness (par. [0056] “The exoskeleton control application 26 may be stored in a non-transitory computer readable medium, such as random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), or any other suitable medium”; see par. [0068]);
a processor configured to execute the program (par. [0046] “To implement the features of the present invention, the exoskeleton device or other mobility device may include a control system having one or more processor devices that are configured to execute program code stored on a non-transitory computer readable medium embodying the control methods associated with the generalized control of the exoskeleton device”), the program being configured to:
determining a target resistance profile for a target movement to be performed by the user wearing the exoskeleton on the limb (par. [0065] “In the first step of the general control method, an automated assessment and adjustment protocol may be initiated in a variety of ways utilizing the interface components associated with the control system of the mobility device” and par. [0067] “the control system controls the joint components to provide increasing resistance to motion with each subsequent movement, and the sensors can gather data on affected joint torque and joint motion that the user can apply”);
control the driver to apply the target resistance profile (par. [0037] “the orthosis 100 shown in FIGS. 2-6 may incorporate four drive components configured as electro-motive devices (for example, electric motors), which impose sagittal plane torques at each knee and hip joint components including (right and left) hip joint components 102R, 102L and knee joint components 104R, 104L” and see par. [0069], providing more or less resistance/assistance includes controlling the motors of the orthosis 100;
obtaining information regarding the movement of the first and the second support members (see par. [0071]-[0027], control system obtains information as user performance data based on movement under each resistance force); and
determining the muscular fitness of the first limb part and the second limb part of the user (see par. [0068], through automated Manual Muscle Test),
wherein the muscular fitness relates to at least one of peak torque, work, muscular power (i.e., contraction strength), muscular endurance, torque acceleration energy (i.e., angular velocity), acceleration time, and a range of motion (i.e., orientation or angle; par. [0068] “In the third step of the control method, therefore, the control system electronically gathers user performance data associated with the automated assessment and determines user performance metrics. In the example of an automated MMT, the control system may determine muscle grade based on contraction strength, and combine muscle grade results with any other pertinent user information to evaluate user performance and muscle strength as would be typical of a manual MMT” and user performance data includes indicators calculated by sensors, including “accelerometers, gyroscopes, inertial measurement, and other sensors to detect and observe the upper leg and torso orientation or angle and angular velocity” and contraction strength, see par. [0058] and [0068]).
Dalley et al. does not teach wherein the determining of the target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal.
Lim et al. discloses an analogous program for measuring muscular fitness (hip joint angular information constitutes muscular fitness, i.e. the muscular ability of a user to flex and extend his hip through angular measurements) performed by a wearable device (method of using walking assistance apparatus 100), wherein determining a target resistance profile comprises determining the target resistance profile from among a plurality of target resistance profiles, based on a resistance level received from a user terminal (see par [0171], “a user may select a gait type of the user from a plurality of abnormal gait types using the display 140. The controller 120 may receive, in advance, the abnormal gait type of the user, and may output the assistance torque corresponding to the abnormal gait type” where the output assistance torque for each of a plurality of abnormal gait types represents a target resistance profile as a torque applied in one direction creates resistance to movement in the opposite direction; user terminal at display 140).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the program of Dalley et al. to include determining the target resistance profile from among a plurality of target resistance profiles based on a resistance level received from a user terminal, as is similarly taught by Lim et al., for the purpose of allowing increased adjustability to the wearable device to allow customization of the intensity of resistance applied by the wearable device during an exercise or rehabilitation session.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Dalley et al. (US 2020/0060921) in view of Lim et al. (US Pub. 2018/0360347), and further in view of Akiyama (US 2005/0057200).
Regarding claim 4, Dalley et al. teaches using the motor driver circuit to control resistance to the motor for certain periods of time based on the target resistance profile (see par. [0054]), but does not teach wherein the controlling of the motor driver circuit comprises: determining a ratio of a time for which the motor driver circuit is controlled to be a closed loop electrically connected to the motor of the wearable device to a time for which the motor driver circuit is controlled to be an open loop, based on the target resistance profile; and controlling the motor through the motor driver circuit, based on the determined ratio.
Akiyama, in the same field of endeavor with regards to controlling a motor driver circuit, teaches a method of controlling a motor driver circuit (11; Fig. 2) comprising determining a ratio of time (i.e., duty ratio) for which the motor driver circuit is controlled to be a closed loop electrically connected to a motor (110) to a time for which the motor driver circuit is controlled to be an open loop (par. [0140] “switching operation when a PWM value is in the minus region is conducted not only by the switching elements S2 and S4, but desired control operation can be conducted by switching on/off the switching elements S1 and S3”) and controlling the motor (110) through the motor driver circuit, based on the determined ratio (Fig. 2; see pars. [0118]-[0119] and [0140]-[0141] describing control of motor 110 using motor driver circuit 11).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the motor driver circuit of Dalley et al. to control the motor of the wearable device by determining a ratio of time for which a loop electrically connected to the motor is closed and open, as is similarly taught by Akiyama, for the purpose of efficiently controlling the resistance provided by the motor and reducing power consumption of the motor. The Office notes utilizing an open and closed loop circuit to selectively supply power to a motor is a known method of controlling motor output.
Regarding claim 5, Dalley et al. as modified by Akiyama teaches wherein the motor driver circuit (as modified by Akiyama, driver circuit 11) comprises at least one switch (switches S1-S4 of Akiyama), the switch being controlled based on the determined ratio (see Akiyama pars. [0118]-[0119] and [0140]-[0141]).
Regarding claim 6, Dalley et al. as modified by Akiyama teaches wherein the ratio is represented by pulse-width modulation (PWM) (see Akiyama Abstract and pars. [0118]-[0119] and [0140]-[0141]).
Regarding claim 7, Dalley et al. as modified by Akiyama teaches wherein the resistance force to be provided to the user (resistance force produced by motors associated with each hip or knee joint of Dalley et al.) is adjusted by the ratio of the time for which the motor driver circuit is controlled to be the closed loop electrically connected to the motor to the time for which the motor driver circuit is controlled to be the open loop within a repetitive time of the PWM (as modified by Akiyama, as the amount of time that the switches S1-S4 are closed increases, the amount of resistance provided to the user increases by providing increased periods of power to the motor), wherein, based on the ratio of the time for which the motor driver circuit is controlled to be the closed loop increase, the resistance force increases (as explained above; see also par. [0021] “as the PWM value becomes smaller in the minus area, the ratio of conductivity in the DC motor short circuit becomes larger, and braking force increases. When the PWM value becomes stop_pwm, the short circuit becomes constantly shorted and the braking force becomes the maximum”).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dalley et al. (US 2020/0060921) in view of Lim et al. (US Pub. 2018/0360347), and further in view of Ozsecen et al. (US 2019/0159954).
Regarding claim 13, Dalley et al. does not teach wherein, when the muscular fitness measurement mode is set, energy of a battery (battery 111) of the wearable device is not provided to the motor (motors associated with each hip or knee joint, see par. [0037], [0041]) connected to the motor driver circuit (par. [0037] and [0069]).
Ozsecen et al. teaches a method of measuring muscular fitness performed by a wearable device (Abstract), wherein, when a muscular fitness measurement mode is set, energy is not provided to a motor (i.e., inactive mode) connected to a motor driver circuit (of controller 200; par. [0050] “recording clinical data when the user 12 moves while wearing the assistive device 10 in an inactive mode, where the assist torque is not being generated”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method of Dalley et al. to include a measurement mode in which no energy is provided to the motor connected to the motor driver circuit, as is similarly taught by Ozsecen et al., for the purpose of measuring neutral performance parameters of the user of the wearable device without a resistance force being applied.
Response to Arguments
Applicant's arguments filed 11/05/2025 have been fully considered but they are not persuasive.
Applicant argues Lim “is silent with regard to determining the assistance torque from among a plurality of assistance torque.” However, paragraph [0171] of Lim states “a user may select a gait type of the user from a plurality of abnormal gait types using the display 140. The controller 120 may receive, in advance, the abnormal gait type of the user, and may output the assistance torque corresponding to the abnormal gait type.” The plurality of abnormal gait types, which each have a corresponding assistance torque associated therewith, constitute a plurality of torque profiles, and the selected abnormal gait type by the user represents the torque level received from a user terminal. The torque level/profiles are considered to represent a resistance level/profile as changes in torque in one direction affect a resistance to movement in the opposite direction, and as the instant application discloses in paragraph [0049] that “the driver 110 may provide the resistance force to the user by outputting a torque in a direction that hinders the user from moving or that provides resistance to the user.” Combining the prior art of Dalley with Lim would have been obvious to provide a customizable wearable device that allows a user to selectively control the intensity of the resistance applied by the wearable device. Therefore, applicant’s arguments with respect to the prior art of Lim are not persuasive.
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.
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/KATHLEEN M FISK/Examiner, Art Unit 3784
/Megan Anderson/ Primary Examiner, Art Unit 3784