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
This office action is responsive to the amendment filed on 10/31/2025. As directed by the
amendment: claims 1, 13, and 14 have been amended, claims 7-8 have been canceled, and no new claims have been added. Thus, claims 1-6 and 9-20 are presently pending in the application.
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.
Claims 1-6 and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim (EP-3037081-A1).
Regarding claim 1, Shim discloses a method, performed by a wearable device (Abstract), of outputting a torque (Abstract, [0001], [0005]), the method comprising: obtaining a first angle of a first joint of a first leg of a user of the wearable device and a second angle of a second joint of a second leg of the user (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include the angle of each hip joint as set forth in [0070]); obtaining a first adjustment angle, based on an offset angle set for the first angle and the first joint (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include a difference between the angles of both hip joints as set forth in [0070], the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data used by the stable assisting torque calculator as set forth in [0110], the offset angle inherently included in the angle information measured by the sensors and represented by the determined output torque); obtaining a first state factor associated with the first angle and the second angle, based on the first adjustment angle and the second angle (The gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]); obtaining a first value of a parameter for adjusting at least one of a magnitude, a direction, and timing of a torque to be output (Equation 7 shows a torque determining equation based on parameters relating to an evaluation of the user’s gait as set forth in [0118]); obtaining a first torque value, based on the first state factor and the first value of the parameter (The initial stable assisting torque for the gait symmetry as set forth in [0110], [0120], and FIG. 2 The final assisting torque setter 240 may set a final assisting torque based on the basic assisting torque and the stable assisting torque as set forth in [0139]); and controlling a motor driver of the wearable device to output the first torque value (Controlling driving of a walking assistance apparatus based on the final assisting torque, a driver configured to output a final assistance torque to drive the assistance device, as set forth in [0038] and [0040]), wherein a maximum value of the first torque value increases as the offset angle increases (The stable assisting torque calculator may set an initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data. The stable assisting torque calculator may set the initial stable assisting torque for the gait symmetry based on Equations 5 through 7 as set forth in the Abstract, [0050], and [0110]. Based on the equations, a greater offset angle results in a greater first torque value), wherein a flexion interval of the first joint increases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 862 provided to the left leg has an increased flexion interval compared to the initial assisting torque 861 provided to the right leg, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]), and wherein a flexion interval of the second joint decreases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 861 provided to the right leg compared to the initial assisting torque 862 provided to the left leg has a decreased flexion interval, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]).
Regarding claim 2, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, wherein the offset angle is set by the user (Normalization value Vi_l(r) is a value to normalize the size of Wi_l(r), and it can be customized by the user as set forth in [0108], the Wi_l(r) being the weight of the at least one index based on a difference between the evaluation value and a threshold corresponding to the at least one index, and an assisting torque setter configured to set a stable assisting torque by applying the weight to an initial stable assisting torque corresponding to the at least one index as set forth in [0028], FIG. 3 the assisting torque setter 330 may set a stable assisting torque by applying the weight to an initial stable assisting torque corresponding to the at least one index as set forth in [0147], indicating that the normalization value set by the user changes the initial toque and therefore the offset angle).
Regarding claim 3, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, further comprising: obtaining the offset angle, based on a first angular trajectory of the first angle of the first joint and a second angular trajectory of the second angle of the second joint (Equation 1 denotes an evaluation of a gait symmetry based on the angular trajectory of a left hip-joint angle and the angular trajectory of a right hip-joint angle as set forth in [0094], the gait symmetry being representative of the offset angle, the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data, as set forth in [0110]).
Regarding claim 4, Shim discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Shim further discloses the method, wherein the obtaining the offset angle comprises: obtaining a target asymmetry degree, based on the first angular trajectory and the second angular trajectory (An assistance torque for ameliorating an asymmetry may be calculated based on Equations 6 and 7 as set forth in [0116], the equations determining the initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]).
Regarding claim 5, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, wherein the first state factor is associated with a distance between the first leg and the second leg (The gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110], the trajectories corresponding to how spaced apart the left leg and the right leg are from one another during the period of time tdur_l and tdur_r from the intersecting point in time as set forth in [0123]).
Regarding claim 6, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, wherein the obtaining the first state factor comprises: obtaining an initial state factor, based on the first adjustment angle and the second angle, and wherein the first state factor is determined based on a previous state factor and the initial state factor (When the one stride terminates, a point in time at which a subsequent stride starts and Δθ(p) may be updated and a stable assistance torque for a gait symmetry may be calculated repetitively as set forth in [0119], the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]).
Regarding claim 9, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, wherein the parameter comprises at least one of a gain and a delay associated with the first state factor. (In Equation 7, an initial stable assisting torque of the gait symmetry provided to the legs based on the point in time is computed based on a gain of the initial stable assisting torque of the gait symmetry as set forth in [0118]-[0119], a delay opposed to a gain would work the same way, the Ksym_lr value of equation 7 representing the gain/delay adjustment being mad according to gait asymmetry).
Regarding claim 10, Shim discloses the claimed invention substantially as claimed as set forth for claim 9 above.
Shim further discloses the method, wherein a first value of the gain and a first value of the delay are set differently based on a target operation mode among one or more operation modes of the wearable device (FIG. 2 Shows the gait data receiver 210, the stable assisting torque setter 220, and the basic assisting torque setter 230 working in conjunction to determine a final assisting torque. The basic assisting torque setter is able to recognize a gait state of the user and use different models to apply the correct torque as set forth in [0129]-[0131], the gain/delay applied to the torque determining equation accounting for the asymmetry of the user’s gait recognized by the torque setting apparatus 200).
Regarding claim 11, Shim discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Shim further discloses the method, wherein the one or more operation modes comprise: an assistive mode for outputting the first torque value in a first direction that is the same as a second direction in which the first joint moves, and a resistive mode for outputting the first torque value in a third direction opposite to the second direction in which the first joint moves (A finite state machine (FSM)-based basic assisting torque setting scheme allows the device to operate in a mode which increases the torque, when the user is increasing a pace of walking on a flat surface, a sloped surface or a stepped surface, which would be outputting the first torque value in a first direction that is the same as a second direction in which the first joint moves. Additionally, it could operate in a mode which increases a damping torque applied to a leg of the user, when the user is decreasing a pace of walking on the flat surface, the sloped surface or the stepped surface, which would be outputting the first torque value in a third direction opposite to the second direction in which the first joint moves as set forth in [0132]).
Regarding claim 12, Shim discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Shim further discloses the method, wherein the first value of the parameter is determined differently based on the offset angle (The initial stable assisting torque for the gait symmetry as set forth in [0110], [0120], and FIG. 2 The final assisting torque setter 240 may set a final assisting torque based on the basic assisting torque and the stable assisting torque as set forth in [0139], the determination of the torque based on gait symmetry indicating that the first value is determined based on the offset angle).
Regarding claim 13, Shim discloses a non-transitory computer-readable storage medium storing instructions that, when executed by a processor of a wearable device, cause the processor to perform a method of outputting a torque (As set forth in the abstract, [0026], and [0246]-[0253]), the method comprising: obtaining a first angle of a first joint of a first leg of a user and a second angle of a second joint of a second leg of the user (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include the angle of each hip joint as set forth in [0070]); obtaining a first adjustment angle, based on an offset angle set for the first angle and the first joint (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include a difference between the angles of both hip joints as set forth in [0070], the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data used by the stable assisting torque calculator as set forth in [0110], the offset angle inherently included in the angle information measured by the sensors and represented by the determined output torque); obtaining a first state factor associated with the first angle and the second angle, based on the first adjustment angle and the second angle (The gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]); obtaining a first value of a parameter for adjusting at least one of a magnitude, a direction, and timing of a torque to be output (Equation 7 shows a torque determining equation based on parameters relating to an evaluation of the user’s gait as set forth in [0118]); obtaining a first torque value, based on the first state factor and the first value of the parameter (The initial stable assisting torque for the gait symmetry as set forth in [0110], [0120], and FIG. 2 The final assisting torque setter 240 may set a final assisting torque based on the basic assisting torque and the stable assisting torque as set forth in [0139]); and controlling a motor driver of the wearable device to output the first torque value (Controlling driving of a walking assistance apparatus based on the final assisting torque, a driver configured to output a final assistance torque to drive the assistance device, as set forth in [0038] and [0040]), wherein a maximum value of the first torque value increases as the offset angle increases (The stable assisting torque calculator may set an initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data. The stable assisting torque calculator may set the initial stable assisting torque for the gait symmetry based on Equations 5 through 7 as set forth in the Abstract, [0050], and [0110]. Based on the equations, a greater offset angle results in a greater first torque value), wherein a flexion interval of the first joint increases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 862 provided to the left leg has an increased flexion interval compared to the initial assisting torque 861 provided to the right leg, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]), and wherein a flexion interval of the second joint decreases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 861 provided to the right leg compared to the initial assisting torque 862 provided to the left leg has a decreased flexion interval, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]).
Regarding claim 14, Shim discloses a wearable device configured to provide a force to a user (Abstract, [0001], [0005]), the wearable device comprising: at least one sensor configured to measure an angle of a joint of the user (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include the angle of each hip joint as set forth in [0070]); a motor driver circuit (FIG. 1 Contained in the controller 140 as set forth in [0074]); a motor electrically connected to the motor driver circuit (FIG. 1 The two driving portions of driving portion 110 as set forth in [0074], the presence of a motor indicated by the presence of a moto encoder as set forth in [0157]); and a processor configured to: obtain, by the at least one sensor, a first angle of a first joint of a first leg of the user and a second angle of a second joint of a second leg of the user (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include the angle of each hip joint as set forth in [0070]), obtain a first adjustment angle, based on an offset angle set for the first angle and the first joint (FIG. 1A The sensor portion 120 may be disposed on each of the left and right hip portions and measure hip joint angle information of the user while the user is walking, the hip joint angle information sensed by the sensor portion 120 may include a difference between the angles of both hip joints as set forth in [0070], the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data used by the stable assisting torque calculator as set forth in [0110], the offset angle inherently included in the angle information measured by the sensors and represented by the determined output torque), obtain a first state factor associated with the first angle and the second angle, based on the first adjustment angle and the second angle (The gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]), obtain a first value of a parameter for adjusting at least one of a magnitude, a direction, and timing of a torque to be output (Equation 7 shows a torque determining equation based on parameters relating to an evaluation of the user’s gait as set forth in [0118]), obtain a first torque value, based on the first state factor and the first value of the parameter (The initial stable assisting torque for the gait symmetry as set forth in [0110], [0120], and FIG. 2 The final assisting torque setter 240 may set a final assisting torque based on the basic assisting torque and the stable assisting torque as set forth in [0139]), and control the motor driver circuit to output the first torque value (FIG. 1 The controller 140 may output a control signal to the driving portion 110 such that the driving portion 110 outputs an assisting torque corresponding to the driving portion 110 as set forth in [0074]), wherein a maximum value of the first torque value increases as the set offset angle increases (The stable assisting torque calculator may set an initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data. The stable assisting torque calculator may set the initial stable assisting torque for the gait symmetry based on Equations 5 through 7 as set forth in [0110], the equations utilized by the control result in an increased torque when a larger gain for symmetry assist is required as demonstrated by equation 7), and wherein the force provided to the user corresponds the output first torque value (The torque provided by the driving portion according to the controller is a force applied to the user as set forth in [0074]), wherein a flexion interval of the first joint increases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 862 provided to the left leg has an increased flexion interval compared to the initial assisting torque 861 provided to the right leg, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]), and wherein a flexion interval of the second joint decreases as the offset angle increases (FIG. 8B Shows that during a first stride, the initial assisting torque 861 provided to the right leg compared to the initial assisting torque 862 provided to the left leg has a decreased flexion interval, this could be due to an increase in offset angle determined when the index evaluator extracts a maximum flexion angle of the right and left hip joints as set forth in [0102]. When an offset angle increases due to gait asymmetry, the normalized stride time (NST) changes based on the difference between the left hip joint angle and the right hip joint angle calculated as set forth in [0114]. A user’s gait affects the maximum flexion angle of the joints as set forth in [0104]-[0106]).
Regarding claim 15, Shim discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Shim further discloses the wearable device, wherein the offset angle is set by the user (Normalization value Vi_l(r) is a value to normalize the size of Wi_l(r), and it can be customized by the user as set forth in [0108], the Wi_l(r) being the weight of the at least one index based on a difference between the evaluation value and a threshold corresponding to the at least one index, and an assisting torque setter configured to set a stable assisting torque by applying the weight to an initial stable assisting torque corresponding to the at least one index as set forth in [0028], FIG. 3 the assisting torque setter 330 may set a stable assisting torque by applying the weight to an initial stable assisting torque corresponding to the at least one index as set forth in [0147], indicating that the normalization value set by the user changes the initial toque and therefore the offset angle).
Regarding claim 16, Shim discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Shim further discloses the wearable device, wherein the processor is further configured to: obtain the offset angle, based on a first angular trajectory of the first angle of the first joint and a second angular trajectory of the second angle of the second joint (An assistance torque for ameliorating an asymmetry may be calculated based on Equations 6 and 7 as set forth in [0116], the equations determining the initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]).
Regarding claim 17, Shim discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Shim further discloses the wearable device, wherein the processor (As set forth in [0026] and [0246]-[0253]) is further configured to: obtain a target asymmetry degree, based on the first angular trajectory and the second angular trajectory, and obtain the offset angle based on the target asymmetry degree (An assistance torque for ameliorating an asymmetry may be calculated based on Equations 6 and 7 as set forth in [0116], the equations determining the initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]).
Regarding claim 18, Shim discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Shim further discloses the wearable device, wherein the processor (As set forth in [0026] and [0246]-[0253]) is further configured to: obtain an initial state factor, based on the first adjustment angle and the second angle, and obtain the first state factor, based on a previous state factor and the initial state factor (When the one stride terminates, a point in time at which a subsequent stride starts and Δθ(p) may be updated and a stable assistance torque for a gait symmetry may be calculated repetitively as set forth in [0119], the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110]).
Regarding claim 19, Shim discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Shim further discloses the wearable device, wherein a first value of the parameter is set differently based on a target operation mode among one or more operation modes of the wearable device (FIG. 2 Shows the gait data receiver 210, the stable assisting torque setter 220, and the basic assisting torque setter 230 working in conjunction to determine a final assisting torque. The basic assisting torque setter is able to recognize a gait state of the user and use different models to apply the correct torque as set forth in [0129]-[0131], the gain/delay applied to the torque determining equation accounting for the asymmetry of the user’s gait recognized by the torque setting apparatus 200).
Regarding claim 20, Shim discloses the claimed invention substantially as claimed as set forth for claim 19 above.
Shim further discloses the wearable device, wherein the one or more operation modes comprise: an assistive mode for outputting the first torque value in a first direction that is the same as a second direction in which the first joint moves, and a resistive mode for outputting the first torque value in a third direction opposite to the second direction in which the first joint moves (A finite state machine (FSM)-based basic assisting torque setting scheme allows the device to operate in a mode which increases the torque, when the user is increasing a pace of walking on a flat surface, a sloped surface or a stepped surface, which would be outputting the first torque value in a first direction that is the same as a second direction in which the first joint moves. Additionally, it could operate in a mode which increases a damping torque applied to a leg of the user, when the user is decreasing a pace of walking on the flat surface, the sloped surface or the stepped surface, which would be outputting the first torque value in a third direction opposite to the second direction in which the first joint moves as set forth in [0132]).
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive.
Applicant argues that Shim does not disclose the recited first adjustment angle and the recited offset angle, and that the specific value is not identified in the Office Action. Applicant further argues that no “additional offset angle” is included in the angle information.
However, as stated in the office action, the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle is represented in the gait data used by the stable assisting torque calculator as set forth in [0110], the offset angle, which Applicant defines as the angle that would need to be added to compensate for the difference in swing time or stride length of an affected leg according to [0075] of the specification, or in other terms, the asymmetry in the user’s gait, is inherently included in the angle information measured by the sensors and represented by the determined output torque. In other words, in order to set the initial stable assisting torque, the asymmetry in gait is accounted for. The difference between the trajectories of the legs, and therefore the stride length are used to determine asymmetry, and the offset angle in the angle that would need to be applied to one of the legs to cure the asymmetry. The correction in asymmetry being carried out by a controller, which corrects a difference between trajectories of the legs of the user based on the initial assistance torque associated with the symmetry, and set a time period in which the initial assistance torque is provided to each of the legs of the user based on the length of the stride, and set the peak torque associated with the initial assistance torque based on a time at which the clearance is smallest as set forth in [0048]. This is why it would be obvious to one of ordinary skill in the art that an additional offset angle has been accounted for in the angle information.
Applicant argues that a first adjustment angle has not been identified in the Office Action and that it is unclear how the first state factor could be obtained based on the first adjustment angle, which is obtained based on an offset angle which is set based on the first angle.
Examiner would like to note that, as stated in the Office Action, the first adjustment angle is the difference between the angles of both hip joints as set forth in [0070]. By using the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data as set forth in [0110], a state factor is obtained. As mentioned above in response to the first argument, the offset angle in the angle that would need to be applied to one of the legs to cure the asymmetry would be accounted for by the first adjustment angle.
Applicant argues that while the claims recite “obtaining a first state factor associated with the first angle, and the second angle, based on the first adjustment angle and the second angle” Shim fails to disclose wherein an additional offset angle is used.
However, as stated in response to the first argument, the correction in asymmetry being carried out by a controller, corrects a difference between trajectories of the legs of the user based on the initial assistance torque associated with the symmetry, and set a time period in which the initial assistance torque is provided to each of the legs of the user based on the length of the stride, and set the peak torque associated with the initial assistance torque based on a time, wherein the as set forth in [0048]. It would be obvious to one of ordinary skill in the art that the angle that would need to be added to compensate for the difference in swing time or stride length, the offset angle, has been accounted for and used in the gathering of angle information.
Applicant further argues that the symmetry assistance performed in Shim is based on a comparison of gait symmetry and not an offset angle that is set fort the first angle prior to determining the state value.
However, the symmetry assistance performed in Shim is based on an offset angle that is set for the first angle prior to determining the state value in the way that the angle that would need to be added to compensate for the difference in swing time or stride length, the offset angle, has been accounted for and used by the stable assisting torque calculator as set forth in [0110].
Applicant argues that Shim does not disclose the offset angle and first adjustment angle as set forth in claim 1 and therefore Shim does not disclose “Wherein a maximum value of the first torque value increased as the offset angle increases”.
However, as stated above, both the offset angle and first adjustment angle are disclosed, and the limitation “Wherein a maximum value of the first torque value increased as the offset angle increases” is addressed in the Office Action, where the stable assisting torque calculator may set an initial stable assisting torque for the gait symmetry based on the difference between the trajectory of the left hip-joint angle and the trajectory of the right hip-joint angle in the gait data. The stable assisting torque calculator may set the initial stable assisting torque for the gait symmetry based on Equations 5 through 7 as set forth in the Abstract, [0050], and [0110]. Based on the equations, a greater offset angle results in a greater first torque value.
Lastly, Applicant argues that Shim is not related to the adjustment of the extension interval or flexion interval of the legs, but rather describes examples in which a torque value (stabilizing torque) resulting from these intervals is additionally applied.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the limitation set forth by the Applicant in the arguments stating that the method must relate the extension interval or flexion interval of the legs and not to examples in which a torque value resulting from these intervals is additionally applied) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
New grounds of rejection have been made above to address the amendments to claims 1, 13, and 14.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/VICTORIA MURPHY/ Primary Patent Examiner, Art Unit 3785