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 4/14/2026 has been entered. Applicant's amendments overcome the previous claim objections and 35 U.S.C. 112(b) rejections. Claims 6-7 have been canceled. Claims 1-5 and 8-19 remain pending.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-9, 16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (CN 105479438 A, machine translation accessed 12/31/2025 relied upon herein), hereafter Zhu.
Regarding claim 1, Zhu discloses an apparatus for assisting muscular strength (exoskeleton for improving motor ability and strength of body; par. 0006, 0016-0017), the apparatus comprising: an upper frame configured to be fixed to a user's upper body (back 7; Fig. 1-3, 5); a lower frame (thighs 14 and hip joint pulleys 23; Fig. 1-3, 6-9) disposed below the upper frame (thigh 14 is disposed below back 7 as seen in Fig. 1-2) and configured to be fixed to the user's lower body (exoskeleton is worn by body to improve strength; par. 0006) and rotatable relative to the upper frame (thigh 14 is rotatably connected to the back 7; par. 0007, 0022); a wire disposed across the upper frame and the lower frame (wire rope 19; Fig. 1-2, 5-6, 8-9); and a force generating unit coupled to one side of the upper frame (traction plate 5, release plate 9, springs 17, plate 20, hook 10 coupled to back 7; Fig. 1-5), wherein when the lower frame rotates in a first direction relative to the upper frame, the force generating unit applies a force to the lower frame in a second direction opposite to the first direction (when thigh 14 rotates into a squat position as seen in Fig. 1, 7-8, energy stored in springs 17 applies a force in the opposite direction to aid in straightening the thigh; pg. 17 ln 1-17) wherein the force generating unit comprises: a first movable member configured to be movable in an upward/downward direction (traction plate 5 and release plate 9 which slide up and down on guide rails 16; Fig. 1, 5, par. 0026); a second movable member disposed below the first movable member (hook 10 and connecting plate 20 which is disposed below release plate 9 and traction plate 5; Fig. 1, 5) and configured to be movable in the upward/downward direction (hook 10 and connecting plate 20 move up and down; Fig. 5, par. 0027, pg. 17 ln 1-2); and a main spring part having one side fixed to the first movable member and the other side fixed to the second movable member (springs 17 and springs 18 are attached to traction plate 5, release plate 9, and connecting plate 20 via hook 10; Fig. 1-5); wherein the main spring part comprises: a first main spring part (springs 17, best seen in Fig. 5) having one end coupled to an upper end region of the first movable member (upper end of spring 17 is coupled to traction plate 5; Fig. 5) and the other end coupled to an upper end region of the second movable member (lower end of spring 17 is indirectly coupled to an upper end of hook 10; Fig. 5); and a second main spring part (springs 18; Fig. 5) having one end coupled to a lower end region of the first movable member (upper end of spring 18 is indirectly coupled to release plate 9; Fig. 5) and the other end coupled to a lower end region of the second movable member (lower end of spring 18 is indirectly coupled to connecting plate 20; Fig. 5).
Regarding claim 2, Zhu discloses the apparatus of claim 1 (shown above), wherein the force generating unit further comprises first pulley members (pulleys 13; Fig. 1, 3, 6-8) fixed to one side of the second movable member (pulleys 13 are fixed to back 7 to a side of hook 10 and connecting plate 20; Fig. 1, 3), and the wire extends upward from the lower frame (wire 19 extends up from pulleys 23; Fig. 1-3, 7-8), surrounds upper portions of the first pulley members (wire 19 surrounds an upper portion of the pulleys 13; Fig. 3, 7-8), and then extends downward toward the lower frame (wire 19 extends down towards pulley 23 on the other side as seen in Fig. 8).
Regarding claim 3, Zhu discloses the apparatus of claim 2 (shown above), wherein the lower frame comprises second pulley members (hip joint pulleys 23; Fig. 1-3, 6-8) coupled to be rotatable relative to the upper frame (hip joint pulley 23 rotatably mounted to back 7; par. 0028), and ends of the wire are fixed to the second pulley members (ends of wire 19 are fixed around hip joint pulleys 23; Fig. 3, 7-8).
Regarding claim 4, Zhu discloses the apparatus of claim 3 (shown above), wherein the lower frame further comprises: a right lower frame configured to be fixed to the user's right leg (right thigh 14; Fig. 1-2, 7, par. 0022); and a left lower frame configured to be fixed to the user's left leg (left thigh 14; Fig. 1-2, 8, par. 0022), wherein the second pulley members are respectively disposed on the right and left lower frames (pulleys 23 are connected to right and left thighs 14; Fig. 1-3, 7-8, par. 0028) and wherein one end of the wire is fixed to the second pulley member disposed on the right lower frame (one end of wire 19 is fixed around right hip joint pulley 23; Fig. 3, 7), and the other end of the wire, which is opposite to one end of the wire, is fixed to the second pulley member disposed on the left lower frame (an opposite end of wire 19 is fixed around left hip joint pulley 23; Fig. 3, 8).
Regarding claim 5, Zhu discloses the apparatus of claim 4 (shown above), wherein the upper frame comprises: an up/down extension region extending in the upward/downward direction (region of the back plate 7 between guide rails 16; Fig. 1-5) and coupled to the force generating unit (traction plate 5, release plate 9, springs 17, plate 20, hook 10 coupled to back 7 at guide rails 16; Fig. 1-5); a right extension region extending in a right direction from a lower portion of the up/down extension region (right lower portion of back plate 7 extends rightward as best seen in Fig. 3) and connected to the right lower frame by means of the second pulley member (right thigh 14 connects to the right lower portion of back plate 7 at pulley 23; Fig. 1, 3, 7); and a left extension region extending in a left direction from the lower portion of the up/down extension region (left lower portion of back plate 7 extends leftward; Fig. 1-4, 8) and connected to the left lower frame by means of the second pulley member (left thigh 14 connects to the left lower portion of back plate 7 at pulley 23; Fig. 1, 3, 8).
Regarding claim 8, Zhu discloses the apparatus of claim 1 (shown above), wherein the lower end region of the first movable member is disposed between the upper end region of the second movable member and the lower end region of the second movable member (lower end of release plate 9 is disposed between upper end of hook 10 and lower end of plate 20; Fig. 5).
Regarding claim 9, Zhu discloses the apparatus of claim 1 (shown above), wherein the first main spring part or the second main spring part comprises a plurality of spring members (both springs 17 and springs 18 are comprised of two springs; Fig. 5).
Regarding claim 16, Zhu discloses the apparatus of claim 4 (shown above), wherein the wire surrounds a lower region of the second pulley member disposed on the right lower frame (wire 19 wraps around lower region of right pulley 23; Fig. 1, 3, 6-7) and surrounds a lower region of the second pulley member disposed on the left lower frame (wire 19 wraps around lower region of left pulley 23; Fig. 1, 3-4, 8).
Regarding claim 18, Zhu discloses the apparatus of claim 5 (shown above), wherein the upper frame further comprises third pulley members (pulleys 21; Fig. 1, 3, 5) respectively fixed to the right and left extension regions (pulleys 21 are attached to a right lower and left lower portion of the back 7 as best seen in Fig. 3), and the wire surrounds lower regions of the third pulley members (wire 19 surrounds a lower region of pulley 13; Fig. 3) and then extends upward toward first pulley members (wire 19 extends upward then towards pulleys 13 on the other side; Fig. 1, 3).
Regarding claim 19, Zhu discloses the apparatus of claim 1 (shown above), wherein the first and second movable members each have a central region which has a hole (plates 5 and 9 have a central hole, hooks 10 and plate 20 have a central hole; Fig. 5).
Claim(s) 1-5, 9, 16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by an alternative interpretation of Zhu, hereafter Zhu2.
Regarding claim 1, Zhu2 discloses an apparatus for assisting muscular strength (exoskeleton for improving motor ability and strength of body; par. 0006, 0016-0017), the apparatus comprising: an upper frame configured to be fixed to a user's upper body (back 7; Fig. 1-3, 5); a lower frame (thighs 14 and hip joint pulleys 23; Fig. 1-3, 6-9) disposed below the upper frame (thigh 14 is disposed below back 7 as seen in Fig. 1-2) and configured to be fixed to the user's lower body (exoskeleton is worn by body to improve strength; par. 0006) and rotatable relative to the upper frame (thigh 14 is rotatably connected to the back 7; par. 0007, 0022); a wire disposed across the upper frame and the lower frame (wire rope 19; Fig. 1-2, 5-6, 8-9); and a force generating unit coupled to one side of the upper frame (traction plate 5, release plate 9, springs 17, springs 18, plate 20 coupled to back 7; Fig. 1-5), wherein when the lower frame rotates in a first direction relative to the upper frame, the force generating unit applies a force to the lower frame in a second direction opposite to the first direction (when thigh 14 rotates into a squat position as seen in Fig. 1, 7-8, energy stored in springs 17 applies a force in the opposite direction to aid in straightening the thigh; pg. 17 ln 1-17) wherein the force generating unit comprises: a first movable member configured to be movable in an upward/downward direction (traction plate 5 and release plate 9 which slide up and down on guide rails 16; Fig. 1, 5, par. 0026); a second movable member disposed below the first movable member (connecting plate 20 which is disposed below release plate 9 and traction plate 5; Fig. 1, 5) and configured to be movable in the upward/downward direction (connecting plate 20 moves up and down; Fig. 5, par. 0027, pg. 17 ln 1-2); and a main spring part having one side fixed to the first movable member and the other side fixed to the second movable member (springs 17 are attached to traction plate 5, release plate 9, and connecting plate 20 via hook 10; Fig. 1-5); wherein the main spring part comprises: a first main spring part (springs 17, best seen in Fig. 5) having one end coupled to an upper end region of the first movable member (upper end of spring 17 is coupled to traction plate 5; Fig. 5) and the other end coupled to an upper end region of the second movable member (lower end of spring 17 is indirectly coupled to an upper end of plate 20 via hook 10; Fig. 5); and a second main spring part (left spring 18; Fig. 5) having one end coupled to a lower end region of the first movable member (upper end of left spring 18 is indirectly coupled to release plate 9; Fig. 5) and the other end coupled to a lower end region of the second movable member (lower end of left spring 18 is indirectly coupled to connecting plate 20; Fig. 5).
Regarding claim 2, Zhu2 discloses the apparatus of claim 1 (shown above), wherein the force generating unit further comprises first pulley members (pulleys 13; Fig. 1, 3, 6-8) fixed to one side of the second movable member (pulleys 13 are fixed to back 7 to a side of connecting plate 20; Fig. 1, 3), and the wire extends upward from the lower frame (wire 19 extends up from pulleys 23; Fig. 1-3, 7-8), surrounds upper portions of the first pulley members (wire 19 surrounds an upper portion of the pulleys 13; Fig. 3, 7-8), and then extends downward toward the lower frame (wire 19 extends down towards pulley 23 on the other side as seen in Fig. 8).
Regarding claim 3, Zhu2 discloses the apparatus of claim 2 (shown above), wherein the lower frame comprises second pulley members (hip joint pulleys 23; Fig. 1-3, 6-8) coupled to be rotatable relative to the upper frame (hip joint pulley 23 rotatably mounted to back 7; par. 0028), and ends of the wire are fixed to the second pulley members (ends of wire 19 are fixed around hip joint pulleys 23; Fig. 3, 7-8).
Regarding claim 4, Zhu2 discloses the apparatus of claim 3 (shown above), wherein the lower frame further comprises: a right lower frame configured to be fixed to the user's right leg (right thigh 14; Fig. 1-2, 7, par. 0022); and a left lower frame configured to be fixed to the user's left leg (left thigh 14; Fig. 1-2, 8, par. 0022), wherein the second pulley members are respectively disposed on the right and left lower frames (pulleys 23 are connected to right and left thighs 14; Fig. 1-3, 7-8, par. 0028) and wherein one end of the wire is fixed to the second pulley member disposed on the right lower frame (one end of wire 19 is fixed around right hip joint pulley 23; Fig. 3, 7), and the other end of the wire, which is opposite to one end of the wire, is fixed to the second pulley member disposed on the left lower frame (an opposite end of wire 19 is fixed around left hip joint pulley 23; Fig. 3, 8).
Regarding claim 5, Zhu2 discloses the apparatus of claim 4 (shown above), wherein the upper frame comprises: an up/down extension region extending in the upward/downward direction (region of the back plate 7 between guide rails 16; Fig. 1-5) and coupled to the force generating unit (traction plate 5, release plate 9, springs 17, springs 18, plate 20, pulleys 13 coupled to back 7 at guide rails 16; Fig. 1-5); a right extension region extending in a right direction from a lower portion of the up/down extension region (right lower portion of back plate 7 extends rightward as best seen in Fig. 3) and connected to the right lower frame by means of the second pulley member (right thigh 14 connects to the right lower portion of back plate 7 at pulley 23; Fig. 1, 3, 7); and a left extension region extending in a left direction from the lower portion of the up/down extension region (left lower portion of back plate 7 extends leftward; Fig. 1-4, 8) and connected to the left lower frame by means of the second pulley member (left thigh 14 connects to the left lower portion of back plate 7 at pulley 23; Fig. 1, 3, 8).
Regarding claim 9, Zhu2 discloses the apparatus of claim 1 (shown above), wherein the first main spring part or the second main spring part comprises a plurality of spring members (springs 17 comprised of two springs; Fig. 5).
Regarding claim 16, Zhu2 discloses the apparatus of claim 4 (shown above), wherein the wire surrounds a lower region of the second pulley member disposed on the right lower frame (wire 19 wraps around lower region of right pulley 23; Fig. 1, 3, 6-7) and surrounds a lower region of the second pulley member disposed on the left lower frame (wire 19 wraps around lower region of left pulley 23; Fig. 1, 3-4, 8).
Regarding claim 18, Zhu2 discloses the apparatus of claim 5 (shown above), wherein the upper frame further comprises third pulley members (pulleys 21; Fig. 1, 3, 5) respectively fixed to the right and left extension regions (pulleys 21 are attached to a right lower and left lower portion of the back 7 as best seen in Fig. 3), and the wire surrounds lower regions of the third pulley members (wire 19 surrounds a lower region of pulley 13; Fig. 3) and then extends upward toward first pulley members (wire 19 extends upward then towards pulleys 13 on the other side; Fig. 1, 3).
Regarding claim 19, Zhu2 discloses the apparatus of claim 1 (shown above), wherein the first and second movable members each have a central region which has a hole (plates 5 and 9 have a central hole, plate 20 has a central hole; Fig. 5).
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu2.
Regarding claim 11, Zhu2 discloses the apparatus of claim 1 (shown above), wherein an up/down extension region (plate 30 and hook 10 extend up/down; Fig. 5) further comprises a latch member (hook 10; Fig. 5) having an upper region configured to be rotatable about a lower region of the latch member (downward movement of plate 20 causes hook 10 to pivot; Fig. 5, pg. 17 ln 1-4), and the upper region of the latch member is coupled to or separated from the first movable member according to a rotation of the latch member (hook 10 can be engaged/disengaged from plate 9; Fig. 5, pg. 16 ln 1-3, pg. 17 ln 1-4).
Zhu2 does not disclose the latch member having a lower region rotatable around an upper region and the lower region of the latch member is coupled to or separated from the first movable member.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to rearrange the parts such that the lower region is rotatable around and upper region and the lower region is coupled to/separated from the first movable member since this arrangement is exactly the reverse of the arrangement taught by Zhu.
Regarding claim 13, Zhu2 discloses the apparatus of claim 11 (shown above), wherein the force generating unit further comprises an auxiliary spring part (right spring 18; Fig. 5) having one end coupled to the up/down extension region (one end of right spring 18 is coupled to plate 30; Fig. 5) and the other end coupled to the first movable member (other end of right spring 18 is indirectly coupled to plate 9 via hook 10; Fig. 5).
Regarding claim 14, Zhu2 discloses the apparatus of claim 13 (shown above).
Zhu2 does not explicitly disclose wherein an elastic modulus of the auxiliary spring part is smaller than an elastic modulus of the first main spring part.
However, it would have been obvious to one of ordinary skill in the art to have an elastic modulus of the auxiliary spring part (right spring 18; Fig. 5) smaller than an elastic modulus of the first main spring part (springs 17; Fig. 5) since the auxiliary spring part must be readily deformed when the user pulls against it (user pulls rope 12 which causes connecting plate 20 to move downwards, deforming right spring 18 to release the plate 9; pg. 17 ln 1-4) while the main spring part must harder to deform in order to store the energy needed to augment a user’s muscular strength (pg. 17 ln 12-17).
Allowable Subject Matter
Claims 10, 12, 15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10, Zhu, the closest prior art of record, does not disclose an elastic modulus of the first main spring part corresponds to an elastic modulus of the second main spring part. It would not have been obvious to make this modification since the second main spring part of Zhu must be readily deformable by the user to activate the apparatus, while the first main spring part must resist deformation by the user in order to provide a muscular assistance force.
Regarding claim 12, Zhu does not disclose the first movable member comprises a recessed portion recessed in a forward/rearward direction, and the latch member comprises a protrusion configured to be inserted into the recessed portion or separated from the recessed portion according to the rotation of the latch member. It would not have been obvious to make this modification since the latch of Zhu does not rotate in a forward/rearward direction and therefore, would not be able to engage with a recess in the forward/rearward direction.
Regarding claim 15, Zhu does not disclose the other end of the auxiliary spring part is coupled to an upper end of the first movable member. It would not have been obvious to make this modification since the auxiliary spring would then no longer be able to perform its function as a return spring for the latch.
Regarding claim 17, Zhu discloses a handle member connected to the latch member (pull ring 11 connected to hook 10 via pull rope 12 and plate 20; Fig. 1). Zhu does not disclose the handle member is configured to extend forward across the user's the shoulders. However, Ryu (KR 20210029079 A, machine translation accessed 1/9/2026 relied upon herein) teaches a handle member extending forward across the user’s shoulder (gripper 600 extends from support 710 placed on the user’s shoulder; Fig. 12, par. 0161). The subject matter that was not found was wherein when one side of the handle member is pulled forward, the upper region of the latch member is rotated, such that the lower region of the latch member is rotatable rearward. It would not have been obvious to make this modification a rearward rotation of the latch member would not be able to engage and disengage the first movable member (release plate 9) of Zhu.
Response to Arguments
Applicant's arguments filed 4/14/2026 have been fully considered but they are not persuasive.
Applicant argues that the springs 17 and 18 of Zhu cannot correspond to Applicant’s first main spring part and second main spring part due to the ends of the springs not being coupled to the respective regions of the first and second movable members as claimed. However, as shown in the rejection above, the springs 17 and 18 of Zhu are at least indirectly coupled to upper end regions of the first and second movable members and lower end regions of the first and second movable members, respectively. The claim language does not require the springs to be directly coupled to the respective regions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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