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 .
Claim Objections
Claim 113 is objected to because of the following informalities: Claim 113, line 6 recites “and configured to configured to”. This is a typographical error. Examiner suggests correcting to “and configured to”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 67, 72, 76-79, 81-82, 84, 89 and 99-113 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 67 recites “at least one flexible connection directly or indirectly coupling shoulder anchors”. However, given the specifications and drawings, in order to couple with a plurality of shoulder anchors, the device would require a plurality of flexible connections. Therefore, one flexible connection would not be possible to carry out all of the requirements of the flexible connection. Examiner suggests using “a plurality of flexible connections” in Claim 67 and to replace all subsequent mentions of “at least one flexible connection” the dependent claims. Claims 72, 76-79, 81-82, 84, 89 and 99 are also rejected for their dependency on claim 67 and use of “at least one flexible connection”.
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 67, 72, 76-79, 84, 89, 96-97, 99-103, 107-109, 111-113 are rejected under 35 U.S.C. 103 as being unpatentable over Simmons (US 20030120183 A1) in view of Harding (CA 2796088 A1).
Regarding claim 67, Simmons teaches a wearable exosuit, comprising: shoulder anchors configured for positioning on shoulders of a wearer wearing the wearable exosuit (paragraph 0082 teaches shoulder pads in Fig. 3A); at least one leg anchor configured for positioning on a posterior of at least one thigh of the wearer (Fig. 3A; paragraph 0073 “This crossed pair of leg-rotating and abduction tendons as well as the medially located corresponding leg-rotating and adduction tendons also provide lifting support to help the anterior thigh flexion tendons in the lifting process at the hardest point its the lift burden” and the thigh shell disclosed in paragraph 0034); at least one flexible connection directly or indirectly coupling the shoulder anchors to at least one leg anchor (Fig. 19A where the black control bands connect from the shoulder pads and extend downwards towards the leg), the flexible connection being substantially inextensible (paragraph 0049 “FIG. 19B illustrates an embodiment that can be seen as the upper, rear view of FIG. 3A and thus uses non-hydraulic actuators and uses tendons for shoulder flexion instead of the broad bands of FIG. 19A”; paragraph 0064 “It uses tendon [light cable] pulling actuators for retracting tendons to achieve joint angle changes and positional support in joints” where tendons are cables) and configured to extend along the wearer's torso and down over the wearer's gluteal region to the at least one leg anchor (Fig. 19A shows the black bands extending down towards a user’s gluteal region along the torso; Fig. 3A and 3B show the entire exosuit wherein the waist portion connects with the leg anchors, one skilled in the art would reasonably expect that the bands extending down a user’s torso in Fig. 19A would connect to the waist portion which then extends to the leg anchors); at least one actuator configured to mount upon the wearer's torso via the shoulder anchors (Fig. 19A shoulder lower roll, upper roll, and pitch actuators) and to wind the flexible connection to generate a tensile force in the at least one flexible connection (Fig. 19A shows the bands directly attached to the actuators; paragraph 0049 discloses the actuators pulling on the bands which would create a tensile force within the band); wherein the at least one flexible connection is configured to define at least one pathway along the wearer's back (Fig. 19A shows bands that extend down the bottom of the wearer’s back) and gluteal region (Fig. 3A shows the waist portion that covers a user’s gluteal region; one skilled in the art would reasonably expect that the waist portion connects with the bands from Fig. 19A) and extending across at least the wearer's hip joints (Fig. 3A where the waist portion covers a user’s hip joints), the at least one pathway being configured to direct the tensile forces generated by the at least one actuator (From Fig. 3A and Fig. 19A, one skilled in the art would reasonably expect that the tendons across the body function synchronously and therefore the actuators of Fig. 19A would also direct the tensile forces of all the tendons across the pathway; paragraph 0051” Because of the synchronized and simultaneously interactive nature of the connected joints”; claim 1 “joint manipulation means consisting of partially-covering body shell segments and/or other control devices clasped to the body and operatively connected to each other and/or connected to other means by cables or ribbons that are pulled between them by actuators on at least one end of the cable”) to provide tension at the posterior of the at least one thigh (paragraph 0600 “posterior-interior thigh-to-waist tendon” where this thigh tendon would provide tension at the thigh posterior and is operatively connected to the other tendons in the pathway) of the wearer to assist extension of the wearer's hip joint (paragraph 0174 discusses adjusting actuator cable retraction in response to actuator or sensor position measurements that reflect joint flexion or extension; paragraph 0490 teaches position adjustments at the hip which indicates that the hip joint is monitored; One skilled in the art would reasonably expect that hip position being monitored provides insights into hip extension which is assisted by the actuators and cables), and to generate a moment for assisting motion of body joints disposed within or between the shoulder anchors and the at least one leg anchor (paragraph 0571 discusses using the tendons at the waist to rebalance a user’s waist which would require generating a moment).
Simmons is silent on a force sensor configured to measure the tensile force in the at least one flexible connection.
However, Harding teaches a force sensor configured to determine a force in the connection element and to output force signals (paragraph 0015 "In accordance with the invention, controller or microprocessor 208 is in communication with sensors 240, 241 and/or sensing devices 262, 263, which are adapted to measure a force being applied by load shifting devices 222, 223 to lines 230, 231"; the force applied by the load shifting devices is the force in the connection element and these measurements are outputted to the microprocessor) and the signal is outputted to a controller and adjusted according to the measurements (paragraph 0015 “At this point, it should also be realized that sensors 240, 241 could perform dual functions, i.e., act as the human interaction sensors as well as measuring forces applied by the load shifting devices”; claim 32 “and a human interaction sensor adapted to measure a force imparted by a human on the handle, the method further comprising: controlling the first powered reel mechanism to apply a force to the load based at least in part on measurement data from the first human interaction sensor”, the force is applied based on force measurements from the sensor).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Simmons to include a force sensor that measures and outputs force measurements of the flexible. This allows the exosuit to self-adjust using the measurements and refine how the connection elements should be adjusted as the user moves. The modifications can also calculate various moments that the exosuit provides on the user (paragraph 0015 “Controller 208 calculates the moment created about hip flexion-extension axes 128 and 129 by auxiliary mass 202 and the moment created by the downward force on lines 230, 231 by the applied load(s), e.g., load 210, positioned in front of the user”).
Simmons further teaches a controller (paragraph 0077 “Processing means, in the form of a battery powered controller card with serial output leads in one sample embodiment, is also located in that assembly container”) configured to adjust the tensile force generated in the at least one flexible connection by the at least one actuator based on the measured tensile force (claim 4 “and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a local or Internet-based tutorial, setup or other interactive program through any user-interface means prompting for cooperative body positions, comfort responses, etc., determining changes to be made and then directing the parts to expand and/or contract in either a balanced or skewed expansion to best align to the body part they are fitting based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them"; the controller is configured to direct the actuation means based on sensor data, therefore one skilled in the art would reasonably expect the controller to adjust the actuator means based on the force sensor modification with Harding).
Regarding claim 72, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the at least one flexible connection comprises at least one of a ribbon, webbing, a strap, a cord, a functional textile, fabric, a wire, a cable, or a composite material (paragraph 0064 “It uses tendon [light cable] pulling actuators for retracting tendons to achieve joint angle changes and positional support in joints” where the flexible connections are cables).
Regarding claim 76, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches comprising at least one sensor configured to measure information related to at least one selected from a motion and a body position of the wearer (paragraph 0173 “Also, the attitudes of the user's body and limbs are monitored using attitude, accelerometer, positional and/or motion sensors”).
Regarding claim 77, modified Simmons teaches the exosuit of claim 76.
Simmons further teaches wherein the controller is further configured to actuate the at least one actuator based at least in part on the information to control the tensile force generated in the at least one flexible connection (claim 4 “ and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a local or Internet-based tutorial, setup or other interactive program through any user-interface means prompting for cooperative body positions, comfort responses, etc., determining changes to be made and then directing the parts to expand and/or contract in either a balanced or skewed expansion to best align to the body part they are fitting based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them”; One skilled in the art would reasonably expect that the controller is determining and directing the changes made to the actuators based on the information from the sensor).
Regarding claim 78, modified Simmons teaches the exosuit of claim 77.
Simmons further teaches wherein the controller is configured to adjust the tensile force to generate a beneficial moment about at least the wearer's hip joint to assist motion of at least the wearer's hip joint during at least a first portion of a motion cycle (paragraph 0490 discusses a ‘persistent script’ which would be generated by a controller that provides adjustments that prevent a user from falling over during a stationary position, which would be a first portion of a motion cycle; paragraph 0571 discloses an adjusted upper body and hip pitch/roll, which would be provided by the actuator, and rebalancing a user’s waist which would require a moment about a user’s hip).
Regarding claim 79, modified Simmons teaches the exosuit of claim 78.
Simmons further teaches wherein the controller is further configured to actuate the at least one actuator at a predetermined time (paragraph 0461 “Thus, the user's desired changes in direction can be effected by either intra-script programmatic adjustments, inter-script adjustments (switching scripts) or a combination of the two. For example, if, when a new script does begin, a small adjustment is required, processing means would naturally respond to both the user's direction desires and automatically sensed needs, as in the above code sample "PROCEDURE ExecuteScripts", to correct it with a simple intra-script adjustment” where when the user switches scripts, this would control the actuator to actuate at a predetermined time within the script) during movement of the wearer's hip joint to generate the beneficial moment and wherein the beneficial moment is oriented in a direction of movement of at least the wearer's hip joint (One skilled in the art would reasonably expect that the assistive moment of the device would be in the direction of movement).
Regarding claim 84, modified Simmons teaches the exosuit of claim 76.
Simmons further teaches wherein the controller is further configured to use a human motion pattern recognition algorithm (paragraph 0578 “With the distance thus calculated by either or both or any other means, the program simply determines by algorithm or simple calculation how much to increase or decrease the length of the stride which will then be effected through any of the stride adjustment means) to control actuation of the at least one actuator to generate and/or control the level of tensile force generated (claim 4 “and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a local or Internet-based tutorial, setup or other interactive program through any user-interface means prompting for cooperative body positions, comfort responses, etc., determining changes to be made and then directing the parts to expand and/or contract in either a balanced or skewed expansion to best align to the body part they are fitting based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them”).
Regarding claim 89, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the wearable exosuit is configured to assist with motion of a torso of the wearer (paragraph 0032 “The waist assembly of 3B rotates on compact bearings with the vertical tendons firmly maintaining upper-torso position and, in coordination with the twin low-friction ribbons [shown here as a broad diagonal band from lower front of upper-torso to the back side of the rotator with slight and controlled elasticity across the front], with one such ribbon being on each side, the waist rotation stepper motors on both sides, move the upper-torso as directed by the processing means”).
Regarding claim 96, Simmons teaches a wearable soft exosuit comprising: a first anchor element configured for positioning on a first body part of a person wearing the wearable soft exosuit (paragraph 0082 teaches shoulder pads in Fig. 3A); a second anchor element configured for positioning on a second body part of the person wearing the wearable soft exosuit (paragraph 0051 “a waist support attached to the waist rotator ring of FIG. 3”); a non-extensible (paragraph 0049 “FIG. 19B illustrates an embodiment that can be seen as the upper, rear view of FIG. 3A and thus uses non-hydraulic actuators and uses tendons for shoulder flexion instead of the broad bands of FIG. 19A”; paragraph 0064 “It uses tendon [light cable] pulling actuators for retracting tendons to achieve joint angle changes and positional support in joints” where tendons are cables) flexible connection element coupling the first anchor element and the second anchor element (Fig. 19A shows the black bands extending down along the torso; one skilled in the art would reasonably expect that the bands extending down a user’s torso in Fig. 19A would connect to the waist portion anchor); at least one actuator configured to apply a tensile force to the non-extensible flexible connection element (Fig. 19A shows the bands directly attached to the actuators; paragraph 0049 discloses the actuators pulling on the bands which would create a tensile force within the band), wherein the non-extensible flexible connection element defines at least one pathway extending across multiple body joints of a body of the person including a hip joint (Fig. 3A shows the waist portion that covers a user’s hip joint and Fig. 19A shows the connections cover the shoulder joint); the at least one pathway being configured to transmit the tensile forces applied by the at least one actuator to at least one of the first body part (paragraph 0049 “Each shoulder pitch actuator, so labeled, pulls narrow tendons which lead to a increasingly wide strip of laterally ripple-resistant, low-friction [satin covered here] bands which attach to the lower shoulder control point for that shoulder on the other side of the torso [said front view visible in FIG. 3B]”) and the second body part for generating a moment for assisting motion of at least one of the multiple body joints (paragraph 0049 “The two upper roll actuators (one on front and one here on the back) combine not only to provide the retention offset to the lower roll (actuators and effect roll but also provide (due to the use of symmetrically paired tendons on each side instead of one centered above the shoulder) along with the lower roll actuators, important shoulder-shrug control and true axis control” where retention offset is a generated moment imparted by the actuator that helps provide total shoulder motion control); wherein the at least one pathway transmitting the tensile forces is configured to be offset from the multiple joints, including the hip joint (paragraph 0072 “The resulting off-rotational (not in the horizontal plane) element of the resulting upper-torso vector is controlled by the vertical waist control tendons”; the vertical tendon force is offset) by an intermediary element between the first anchor element and the at least one connection element (paragraph 0082 “The pulleys in FIG. 3A are embedded in the underside of the molded shoulder pads also providing simple cable guiding channels in the molded form”; Fig. 19B shows these pulleys which would offset the tendons off the joints themselves).
Simmons is silent on a force sensor configured to determine a force in the connection element and to output signals relating to the force and at least one controller configured to receive the signals output from the force sensor and to actuate the at least one actuator responsive to the received signals to change a tensile force in the at least one connection element.
However, Harding teaches a force sensor configured to determine a force in the connection element and to output force signals (paragraph 0015 "In accordance with the invention, controller or microprocessor 208 is in communication with sensors 240, 241 and/or sensing devices 262, 263, which are adapted to measure a force being applied by load shifting devices 222, 223 to lines 230, 231"; the force applied by the load shifting devices is the force in the connection element and these measurements are outputted to the microprocessor) and the signal is outputted to a controller and adjusted according to the measurements (paragraph 0015 “At this point, it should also be realized that sensors 240, 241 could perform dual functions, i.e., act as the human interaction sensors as well as measuring forces applied by the load shifting devices”; claim 32 “and a human interaction sensor adapted to measure a force imparted by a human on the handle, the method further comprising: controlling the first powered reel mechanism to apply a force to the load based at least in part on measurement data from the first human interaction sensor”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Simmons to include a force sensor that measures and outputs force measurements of the flexible. This allows the exosuit to self-adjust using the measurements and refine how the connection elements should be adjusted as the user moves. The modifications can also calculate various moments that the exosuit provides on the user (paragraph 0015 “Controller 208 calculates the moment created about hip flexion-extension axes 128 and 129 by auxiliary mass 202 and the moment created by the downward force on lines 230, 231 by the applied load(s), e.g., load 210, positioned in front of the user”).
Simmons further teaches a controller (paragraph 0077 “Processing means, in the form of a battery powered controller card with serial output leads in one sample embodiment, is also located in that assembly container”) configured to adjust the tensile force generated in the at least one flexible connection by the at least one actuator based on the measured tensile force (claim 4 “and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a local or Internet-based tutorial, setup or other interactive program through any user-interface means prompting for cooperative body positions, comfort responses, etc., determining changes to be made and then directing the parts to expand and/or contract in either a balanced or skewed expansion to best align to the body part they are fitting based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them"; the controller is configured to direct the actuation means based on sensor data, therefore one skilled in the art would reasonably expect the controller to adjust the actuator means based on the force sensor modification with Harding).
Regarding claim 97, modified Simmons teaches the exosuit of claim 96.
Simmons further teaches wherein the at least one pathway defined by the non-extensible flexible connection element is configured to be offset from an axis of rotation of one of the multiple body joints so as to generate the moment for assisting motion of the one of the multiple body joints (paragraph 0072 “The resulting off-rotational (not in the horizontal plane) element of the resulting upper-torso vector is controlled by the vertical waist control tendons which offset the slightly off-axis pull as a natural consequence of the manner in which processing means controls the elements synchronously” where the vertical waist tendons provide an off-axis force which provides a balancing moment that assists motion).
Regarding claim 99, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the moment generated by the wearable exosuit assists relative motion of a hip joint (paragraph 0571 discloses an adjusted upper body and hip pitch/roll, which would be provided by the actuator, and rebalancing a user’s waist which would require a moment about a user’s hip) and a torso (paragraph 0032 “The waist assembly of 3B rotates on compact bearings with the vertical tendons firmly maintaining upper-torso position and, in coordination with the twin low-friction ribbons [shown here as a broad diagonal band from lower front of upper-torso to the back side of the rotator with slight and controlled elasticity across the front], with one such ribbon being on each side, the waist rotation stepper motors on both sides, move the upper-torso as directed by the processing means”) of the wearer's body.
Regarding claim 100, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the controller is configured to actuate the at least one actuator to change the tensile force in the at least one flexible connection according to a force profile (paragraph 0158 “Thus, before any motion is begun, the assistive clothing already knows the exact end position of actuation means desired which already includes automatic balanced retention. Thus, without wobbling, the multiple control points on a joint all move smoothly to a firmly secure position with balanced offset forces already in place”; the script that is directed by the controller knows the desired actuator function and appropriate tensions which would constitute a force profile) which, in conjunction with the exosuit and wearer's body position at a time of actuation, provides a desired tensile force (paragraph 0141 teaches an ideal tension amount for a particular tendon or actuator) and moment about at least the wearer's hip joint (paragraphs 0522 and 0523 disclose using hip joint variable to adjust the script and create adjustments to hip joint).
Regarding claim 101, modified Simmons teaches the exosuit of claim 100.
Simmons further teaches wherein the controller is configured to incorporate signals output from the force sensor in a feedback loop to follow the desired force profile (claim 5 “and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a tutorial, setup or other interactive program through optional user-interface means which stores current position data and/or pressures to memory means and then determines or follows a programmatic and/or tabular sequence of changes to be made thus directing the parts to expand and/or contract in either a balanced or skewed expansion based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them”).
Regarding claim 102, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the controller is configured to, prior to adjusting the tensile force in the at least one flexible connection, apply a pre-tension by actively changing a length of the at least one flexible connection between the shoulder anchors and the at least one leg anchor (paragraph 0154 "To accomplish this, a fixed test amount of retraction is applied against each tendon. While this can be the same amount on each and gradually adjusted in a servo-like process towards the best numbers, for more speed, a geometrically calculated or an experiential number (from previous uses) value can be applied initially").
Regarding claim 103, modified Simmons teaches the exosuit of claim 102.
Simmons further teaches wherein the controller is configured to maintain the pre-tension (paragraph 0155 "Also, the tuning process is accelerated not only because historical data started us out near the answer but because, most of the time there will be no change. Of course, if nothing has changed, the old numbers will still work on the first pass and, in the cases of changes, they will be quickly adapted"; if no required changes are detected by the controller, then the pre-tension level will be maintained), and by maintaining the pre-tension, is configured to follow the hip motion of the wearer (paragraph 0490 discusses making adjustments to the hip joint, meaning that the hip motion is being followed by the controller during a persistent script where one skilled in the art would expect that tension is maintained).
Regarding claim 107, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the controller is configured to permit release of tensile force in the at least one flexible connection to render the exosuit loose-fitting to facilitate doffing of the exosuit (claim 3 “temporarily releasing tension for user rest or ease in putting on or taking off the equipment”).
Regarding claim 108, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the at least one leg anchor comprises two leg anchors configured for positioning with respect to two legs of the wearer of the exosuit (Fig. 3A shows a rotation and abduction pair on the left leg and a medial rotation and adduction pair on the right leg; paragraph 0034 “Also not shown is the optional single medial adduction tendon which attaches medially to the upper left leg and passes through an eyelet attached medially on the upper right leg on the way to the actuator so that, when retracted, the adduction force of the medial rotation and adduction crossed-tendon pair are reinforce”), and the at least one actuator is configured to apply the tensile force to provide assistive forces to the two legs relative to the hip and in coupled movement with each other (paragraph 0376 “To accomplish this, processing means increases the retraction of the two inside thigh tendons on the right leg and oppositionally extends the opposing tendons on the outside of the same leg to effect that adjustment while creating a brief leftward lean at the waist as elsewhere detailed for perfect balance”).
Regarding claim 109, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the at least one actuator (the various actuators in Fig. 19A) is configured with the at least one flexible connection running parallel to the back of the wearer (the bands of Fig. 19A), with the at least one flexible connection and at least one pathway configured to wrap around the gluteal region (Fig. 3A where the connections from Fig. 19A connect to the waist portion and form a pathway that wraps around a user’s gluteal region) when the wearer squats or climbs stairs.
Regarding claim 111, modified Simmons teaches the exosuit of claim 67.
Simmons further teaches wherein the at least one leg anchor comprises a thigh brace for positioning on a thigh of the wearer (paragraph 0034 and Fig. 3A disclose a thigh shell), the at least one flexible connection attaches to a rear of the at least one thigh brace (Fig. 19A shows 3 bands on the lower torso descending towards a user’s waist; paragraph 0034 “An optional additional vertically strung abduction tendon (not shown) from the center of the waist assembly (where the sensors are shown) directly down to the thigh shell”; the chain of flexible connections extend from the shoulder to the waist to the thigh), and/or extends around a knee of the wearer and/or down to an ankle of the wearer.
Regarding claim 112, modified Simmons teaches the exosuit of claim 111.
Simmons further teaches wherein the thigh brace is restricted from moving up the wearer's leg due to a conical shape of the thigh (paragraph 0120 “The shells are then quickly closed to obtain a good grip again (with the reversal of the actuator that expanded them), leaving the lower leg in an adjusted and secure state” which teaches the thigh shell is secured to the user’s leg), and is held upward by a separate element connecting the thigh brace to the exosuit (paragraph 0034 An optional additional vertically strung abduction tendon (not shown) from the center of the waist assembly (where the sensors are shown) directly down to the thigh shell) provides additional leg abduction strength where needed).
Regarding claim 113, Simmons teaches a method for controlling a wearable exosuit, the method comprising: directly or indirectly coupling shoulder anchors (paragraph 0082 teaches shoulder pads in Fig. 3A) to at least one leg anchor (Fig. 3A; paragraph 0073 “This crossed pair of leg-rotating and abduction tendons as well as the medially located corresponding leg-rotating and adduction tendons also provide lifting support to help the anterior thigh flexion tendons in the lifting process at the hardest point its the lift burden” and the thigh shell taught in paragraph 0034) by at least one flexible connection (Fig. 19A where the black control bands connect from the shoulder pads and extend downwards towards the leg), the shoulder anchors configured for positioning on shoulders of a wearer wearing the wearable exosuit (paragraph 0082 teaches shoulder pads in Fig. 3A) and the at least one leg anchor configured for positioning on a posterior of at least one thigh of the wearer (Fig. 3B where the thigh shell encloses the entire thigh), the flexible connection being substantially inextensible (paragraph 0049 “FIG. 19B illustrates an embodiment that can be seen as the upper, rear view of FIG. 3A and thus uses non-hydraulic actuators and uses tendons for shoulder flexion instead of the broad bands of FIG. 19A”; paragraph 0064 “It uses tendon [light cable] pulling actuators for retracting tendons to achieve joint angle changes and positional support in joints” where tendons are cables), and configured to configured to span body joints between the shoulder anchors and at least one leg anchor when worn, extending parallel to the wearer's back and down over the wearer's gluteal region (Fig. 19A shows the black bands extending down towards a user’s gluteal region along the torso; Fig. 3A and 3B show the entire exosuit wherein the waist portion connects with the leg anchors, one skilled in the art would reasonably expect that the bands extending down a user’s torso in Fig. 19A would connect to the waist portion which then extends to the leg anchors) to cross at least the wearer's hip joints (Fig. 3A where the waist portion covers a user’s hip joints); adjusting the tensile force generated (claim 3 “under direction of decision means in processing means and, by doing so, adjust the length of the cable between the actuator's power means and the joint-control point(s) such as by retracting (taking up slack and/or adding tension) or extending the cable (releasing tension) before finally re-engaging the actuator”) in the at least one flexible connection by commanding an actuator (Fig. 19A shows the bands directly attached to the actuators; paragraph 0049 discloses the actuators pulling on the bands which would create a tensile force within the band), configured to be mounted upon the wearer's torso via the shoulder anchors (Fig. 19A shoulder lower roll, upper roll, and pitch actuators); directing the tensile forces generated by the actuator to provide tension in the at least one flexible connection to assist extension of the wearer's hip joint (paragraph 0174 discusses adjusting actuator cable retraction in response to actuator or sensor position measurements that reflect joint flexion or extension; paragraph 0490 teaches position adjustments at the hip which indicates that the hip joint is monitored; One skilled in the art would reasonably expect that hip position being monitored provides insights into hip extension which is assisted by the actuators and cables); and generating a moment for assisting motion of the body joints disposed within or between the shoulder anchors and the at least one leg anchor (paragraph 0571 discusses using the tendons at the waist to rebalance a user’s waist which would require generating a moment).
Simmons is silent on measuring tensile force in at least one flexible connection and winding the connection in response to the measured tensile force.
However, Harding teaches a force sensor configured to determine a force in the connection element and to output force signals (paragraph 0015 "In accordance with the invention, controller or microprocessor 208 is in communication with sensors 240, 241 and/or sensing devices 262, 263, which are adapted to measure a force being applied by load shifting devices 222, 223 to lines 230, 231"; the force applied by the load shifting devices is the force in the connection element and these measurements are outputted to the microprocessor) and the signal is outputted to a controller and adjusted according to the measurements (paragraph 0015 “At this point, it should also be realized that sensors 240, 241 could perform dual functions, i.e., act as the human interaction sensors as well as measuring forces applied by the load shifting devices”; claim 32 “and a human interaction sensor adapted to measure a force imparted by a human on the handle, the method further comprising: controlling the first powered reel mechanism to apply a force to the load based at least in part on measurement data from the first human interaction sensor”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Simmons to include a force sensor that measures and outputs force measurements of the flexible. This allows the exosuit to self-adjust using the measurements and refine how the connection elements should be adjusted as the user moves. The modifications can also calculate various moments that the exosuit provides on the user (paragraph 0015 “Controller 208 calculates the moment created about hip flexion-extension axes 128 and 129 by auxiliary mass 202 and the moment created by the downward force on lines 230, 231 by the applied load(s), e.g., load 210, positioned in front of the user”).
Simmons further teaches a controller (paragraph 0077 “Processing means, in the form of a battery powered controller card with serial output leads in one sample embodiment, is also located in that assembly container”) configured to adjust the tensile force generated in the at least one flexible connection by the at least one actuator based on the measured tensile force (claim 4 “and program means in processing means responsive to sensor means and preset norms for positions, pressures, etc. and/or tabular, programmatic or algorithmic logic with or without optional user guidance through a local or Internet-based tutorial, setup or other interactive program through any user-interface means prompting for cooperative body positions, comfort responses, etc., determining changes to be made and then directing the parts to expand and/or contract in either a balanced or skewed expansion to best align to the body part they are fitting based on norms, logic and/or pressure and/or position sensors and/or may draw the elements closer together or further apart or at preferred relative attitudes using the actuation means between them"; the controller is configured to direct the actuation means based on sensor data, therefore one skilled in the art would reasonably expect the controller to adjust the actuator means based on the force sensor modification with Harding).
Allowable Subject Matter
Claims 81-82, 104-106, and 110 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 98 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 81 and 82, Simmons does not specifically teach using force measurement feedback to maintain the flexible connection at a predetermined tension level. While the force measurements are used to constantly adjust the tension level, Simmons does not teach aiming towards a predetermined tension level throughout a motion cycle.
Regarding claim 98, Simmons does not teach the pathway to be specifically offset from the hip joint. Van den Bogert does teach a force transmission systems offset from the hip but considering the structure of the waist assembly of Simmons, it would not have been obvious to modify the waist assembly to be offset from the hip joint that still generates a moment without breaking the teachings of Simmons.
Regarding claim 104, Simmons does teach incorporating a backpack frame but does not teach an intermediary element in the actuator to transfer tension from the shoulder anchors to the flexible connection. It would not have been obvious to make a modification or combination for an intermediary element as this would go against the teachings of Simmons.
Regarding claim 105, Simmons is silent on an idler that senses the tensile force in the flexible connection. Ashihara (US 20110306907 A1) does teach an idler that is biased against a flexible connection, but does not teach the idler itself sensing a tensile force. It would not have been obvious to make a modification or combination for the idler to also sense tensile given the preexisting force sensor structures.
Regarding claim 106, Simmons does teach a pulley that wraps the flexible connection. However, Simmons is silent on a first and second length, and more specifically where the second length applies a pre-tension force by changing the length between the shoulder and leg anchors. It would not have been obvious to modify Simmons to teach in these different lengths from a different reference.
Regarding claim 110, Simmons does not teach where the tensile force pathway is offset from the body of the wearer. Simmons moreso teaches that the pathway is on the body of the wearer and therefore it would not have been obvious to modify Simmons so that the tensile force pathway and flexible connections were now offset from the body.
Conclusion
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/AKHIL A JAYAN/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785