DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 11/20/2025 has been entered. Claims 1-17 remain pending in the application. Applicant’s amendments to the claims have overcome the 112(b) rejections previously set forth in the Non-Final Office Action mailed 08/21/2025.
Response to Arguments
Regarding the argument on pages 7-8 of “Remarks” dated 11/20/2025 that the applied rotational power and ground-induced static friction would be understood by a POSITA since it is clearly described in the specification, the examiner disagrees, since the specification does not clearly describe where the rotational force is applied to the link to induce the rotational power. In addition, the specification does not clearly describe the planting of the feet of the device. [0047] describes that the front unit is positioned forward of the rear unit when rotated rearward, which causes torsional movement to rotated in the left-right direction. It appears in fig. 5 that the forward unit is not fully in contact with the ground during the application of the rearward rotation (which appears to originate from the hip region of the limb). It is not clearly described how the weight is shifted between the units to induce the rotational motion of the steering mechanism, since it appears from Applicant’s arguments (particularly at the bottom of page 7) that planting the foot firmly is particularly relevant to inducing the rotational motion. It is not subsequently described what responsive motion occurs in the rear unit or why the rearward rotation of the front unit results in a torsion, rather that advancing forward in a straight direction.
Regarding the argument on page 8 discussing the amendments of the claims to overcome the previously set forth 112(b) rejection, the examiner agrees that the changes have rendered the 112(b) rejections moot. The 112(b) rejections have been withdrawn.
Regarding the argument on page 10 that Almesfer is silent on supplying power to rotate only one of the right link and left link rearward to steer the link structure, the examiner disagrees. Almesfer discloses both taking a static step by moving a single leg, as well as steering an exoskeleton using a joystick. Please refer to the updated rejection below.
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 1-17 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The nature of the invention is a wearable device comprising a left and a right link for the lower extremities, each link configured to rotate along a first direction about an axis in a second direction, the device configured to steer by supplying power to space apart the right link from the left link in the first direction and rotate one of the right link or left link rearward to steer the link in the second direction. However, there is not sufficient information in the disclosure for one of ordinary skill in the art to clearly understand how, via a power supply, spacing apart a left link and a right link (or vice versa) and also applying a rearward rotation to one of the right or left links would induce the device to be steered in a different direction.
In the original specification [0045] states that “The link unit 100 may be steered by rotating the right link unit 110 and the left link unit 120, which rotate solely or primarily in the front-rear direction about the left-right direction as a central axis, without using a separate steering device that rotates the link unit 100 about the up-down direction as a central axis in order to perform the steering mode.“ And, [0047] states that “in a state in which the right link unit 110 and the left link unit 120 are spaced apart from each other in the front-rear direction, when the power supply unit causes the unit (hereinafter, referred to as a 'front unit'), which is located relatively forward among the right link unit 110 and the left link unit 120, to be rotated rearward, the area of the front unit that comes into contact with the ground is increased, and accordingly, the static friction is increased. At this moment, even though the front unit receives, from the power supply unit, the power to rotate in the rearward direction, the front unit does not actually rotate rearward due to the static friction between the ground and the front unit. Thus, the link unit 100 performs torsional movement to rotate in the left-right direction, and consequently, the link unit 100 may be steered.” It appears that there is missing information between the application of the rearward rotation of the forward unit (either the left or right link) causing static friction between the ground and the bottom of the front unit and the performing of torsional movement in the left-right direction. For example, it is not described whether, while the rearward rotation of the forward unit is occurring, the other unit is being driven forward or backward, or if some other mechanism is used to turn the device. Without the additional information, it appears that the device with its two links spaced apart and one link receiving power to rotate one of the links rearward, would at most generate a forward movement and not necessarily steering the device in a second direction.
The specification in [0045] also states that there is no separate steering device for rotation about a vertical axis and the user does not twist the body to steer, nor is an assistant required to change the direction of walking.
The state of the prior art indicates that steering the direction of an exoskeleton that uses rotation of links at joints is accomplished in a variety of ways. For example, Almesfer et al. (US 2012/0172770 A1) leans the device and steps to the left or right ([0196] and [0215]). Oledzki et al. (US 6305395) uses a direction change mechanism to swivel a movement mechanism about a vertical axis relative to the pelvis (col. 2 lines 1-4). Yoshiike et al. (US 2011/0301756 A1) uses an algorithm to locate the position of each foot and prescribe an angle in the pitch direction of the foot (fig. 12 and [0259-0268]). Kazerooni et al (US 2013/0237884 A1) uses sensor input to determine a lean in the user to anticipate a turn ([0049]). Angold et al. (US 2016/0229049 A1) increases the ability of the ankle to rotate to more easily allow an exoskeleton-supported user to turn ([0046]).
The level of one of ordinary skill would not understand, based on the disclosure alone, how rotating one link/leg of an exoskeleton to position it forward of the other link/leg, followed by rotating the front link/leg rearward so that no movement is generated, only static friction between the ground and the front unit, would result in a torsional movement to rotate the entire exoskeleton unit (based on original specification [0047]).
The amount of direction provided by the inventor in the original specification [0045-0050] provides a brief explanation of the steering mechanism as discussed above, and several related direction change scenarios are described by [0051-0055] and figures 3-10; however, these paragraphs do not provide additional information on how the forward (or backward) movement followed by a rearward rotation of a limb results in a change in left-right direction.
There does not appear to be a working example of an exoskeleton that is rotated in the manner described by the applicant. Thus, one of ordinary skill in the art would require undue experimentation to make or use the invention based on the content of the disclosure.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the first left side of the first right link module". There is insufficient antecedent basis for this limitation in the claim. It appears that this is an unintentional error which is supposed to read “ the first right side of the first right link module”, as was previously recited in parent claim 6. Claim 10 has a similar issue.
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 1-13 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Almesfer et al. (US 2012/0172770 A1), hereafter Almesfer.
Regarding Claim 1, as best understood based on the 112(a) and 112(b) rejections above, Almesfer discloses a wearable device (fig. 4, abstract) comprises: a link structure (fig. 4, exoskeleton 500 [0141]) having a shape corresponding to lower extremities of a wearer (as seen in fig. 4, the exoskeleton is fitted to the legs of a user 600 [0142]) and configured to rotate along a first direction of the wearer about an axis in a second direction of the wearer (fig. 2, the limbs of the exoskeleton rotate in the front-to-back direction about one pivot axis per joint, 14a, 12a, 17a [0145-0147]); and an electric motor configured to supply power for rotating the link (fig. 1, knee actuator 13 [0146], hip actuator 16 [0149], the power source supplies power to the actuators [0136]), wherein the link structure comprises: a right link configured to be fixed to a right lower extremity of the wearer (fig. 4, see annotated fig.; straps 46 fix the exoskeleton to the wearer [0159])) and having a lower end configured to contact a ground (fig. 3, right side platform 30 [0164]), and a left link configured to be fixed to a left lower extremity of the wearer (fig. 4, see annotated fig.; straps 46 fix the exoskeleton to the wearer [0159])) and having a lower end configured to contact the ground (fig. 3, left side platform 30 [0164]), wherein the wearable device is configured to steer the link structure toward the second direction in a steering mode ([0144] the device is able to turn while walking, turn in place, and step to the side), and wherein the electric motor is configured to, in the steering mode, (i) supply power to space the right link and the left link apart from each other in the first direction (figs. 45a-d, static step sequence [0203] shows the exoskeleton taking a step with the right leg leading) to thereby cause one of the right link and the left link to position forward relative to the other of the right link and the left link (fig. 45d, the right leg is positioned forward relative to the left leg [0208]), and (ii) supply power to rotate only the one of the right link and the left link rearward ([0196] a joystick is used to direct a step backward when pushed in that direction; [0202-0203] to take a single step, only one leg is moved) to thereby steer the link structure toward the second direction ([0196] when the joystick is pushed back and diagonally, the corresponding leg will be rotated backward and turn left or right; as applied to the static step description in [0202-0203], one of ordinary skill in the art would have been able to understand that moving the joystick to the rear diagonal would result in a rearward step and a change of direction of the link structure).
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Regarding Claim 2, Almesfer discloses a wearable device of claim 1, wherein the steering mode comprises a right steering mode ([0196] pushing the joystick to the diagonal right will steer the exoskeleton into a right turn), and wherein the electric motor is configured to, in the right steering mode, provide power to move the left link forward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the left link will move forward when the joystick is held continuously in the right forward diagonal position to turn to the exoskeleton to the right), and provide power to rotate the left link rearward to thereby steer the link structure to a right direction ([0196] when the joystick is held continuously in the right rear diagonal position, the left link/leg will rotate rearward to step dynamically backward to steer to the right).
Regarding Claim 3, Almesfer discloses a wearable device of claim 1, wherein the steering mode comprises a left steering mode ([0196] pushing the joystick to the diagonal left will steer the exoskeleton in a left turn), and wherein the electric motor is configured to, in the left steering mode, provide power to move the right link forward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the right link will move forward when the joystick is held in the forward left diagonal position to turn the exoskeleton to the left), and provide power to rotate the right link rearward to thereby steer the link structure to a left direction ([0196] when the joystick is held in the rear left diagonal position, the device will rotate the right link rearward to step dynamically in a left turn).
Regarding Claim 4, Almesfer discloses a wearable device of claim 1, wherein the steering mode comprises a right steering mode ([0196] pushing the joystick to the diagonal right will steer the device into a right turn), and wherein the electric motor is configured to, in the right steering mode, provide power to move the right link rearward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the right link will move rearward when the joystick is held in the rear right diagonal position to turn the exoskeleton to the right), and provide power to rotate the left link rearward to thereby steer the link structure to a right direction ([0196] [0196] holding the joystick in the right rear diagonal will cause the device to dynamically, or repeatedly, step in a right turning direction, thus the left link will also rotate rearward to step dynamically in a right rear turn).
Regarding Claim 5, Almesfer discloses a wearable device of claim 1, wherein the steering mode comprises a left steering mode ([0196] pushing the joystick to the diagonal left will steer the exoskeleton in a left turn), and wherein the electric motor is configured to, in the left steering mode, provide power to move the left link rearward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the left link will move rearward when the joystick is held in the left right diagonal position to turn the exoskeleton to the left) and provide power to rotate the right link rearward to thereby steer the link structure to a left direction ([0196] if the joystick is held in the left rear diagonal, the device will dynamically step in a left turn to the rear, thus the right link will also be rotating to the rear).
Regarding Claim 6, Almesfer discloses a wearable device of claim 1, wherein the right link comprises: a first right link module (figs. 1 and 4, right side upper leg structural member 10 and hip joint 14 [0124]) having a first right side facing a right hip joint of the wearer (as seen in figs. 1 and 4, first end 10a is located facing the right hip of the wearer [0124]), extending downward from the first right side (fig. 4, 10 extends vertically along the wearer’s leg), and configured to rotate at the first right side of the first right link module (hip joint 14 rotates [0130]) in the first direction about the axis in the second direction of the wearer (fig. 2, the structural member 10 pivots in the front-to-back direction about pivot axis 14a [0130], [0147]); and a second right link module (fig. 1, includes lower leg structural member 11, knee joint 12 [0124], foot joint 17, and foot member 18 [0134]) having a second right side coupled to the first right link module (fig. 1, 11 is pivotally engaged with 10 via the knee joint 12 at first end 11a [0124]), extending downward from the second right side coupled to the first right link module (11 extends downward from end 11a), and configured to rotate at the second right side of the second right link module (fig. 1, lower leg structural unit 11 rotates at knee joint 12 [0124]) in the first direction about the second direction of the wearer (fig. 2, the knee joint 12 rotates 11 in the front-back direction about axis 12a, seen in fig. 2 [0145]), and wherein the left link comprises: a first left link module (figs. 1 and 4, left side upper leg structural member 10 and hip joint 14 [0124]) having a first left side facing a left hip joint of the wearer (as seen in figs. 1 and 4, first end 10a is located facing the left hip of the wearer [0124]), extending downward from the first left side (fig. 4, 10 extends vertically along the wearer’s leg), and configured to rotate at the first left side of the first left link module (hip joint 14 rotates [0130]) in the first direction about the second direction of the wearer (fig. 2, the structural member 10 pivots in the front-to-back direction about pivot axis 14a [0130], [0147]); and a second left link module (fig. 1, lower leg structural member 11, knee joint 12 [0124], foot joint 17, and foot member 18 [0134]) having a second left side coupled to the first left link module (fig. 1, 11 is pivotally engaged with 10 via the knee joint 12 at first end 11a [0124]), extending downward from the second left side coupled to the first left link module (11 extends downward from end 11a), and configured to rotate at the second left side of the second left link module (fig. 1, lower leg structural unit 11 rotates at knee joint 12 [0124]) in the first direction about the axis in the second direction of the wearer (fig. 2, the knee joint 12 rotates 11 in the front-back direction about axis 12a, seen in fig. 2 [0145]).
Regarding Claim 7, Almesfer discloses a wearable device of claim 6, wherein the steering mode comprises a right steering mode ([0196] pushing the joystick to the diagonal right will steer the exoskeleton into a right turn), and wherein the electric motor is configured to, in the right steering mode, provide power to move the left link forward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the left link will move forward when the joystick is held continuously in the right forward diagonal position to turn to the exoskeleton to the right), and provide power to rotate the first left link rearward about the first left side of the first left link module, thereby steering the link structure to a right direction ([0196] when the joystick is held continuously in the right rear diagonal position, the left link/leg will rotate rearward to step dynamically backward to steer to the right).
Regarding Claim 8, Almesfer discloses a wearable device of claim 6, wherein the steering mode comprises a left steering mode ([0196] pushing the joystick to the diagonal left will steer the exoskeleton in a left turn), and wherein the electric motor is configured to, in the left steering mode, provide power to move the right link forward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the right link will move forward when the joystick is held in the forward left diagonal position to turn the exoskeleton to the left), and provide power to rotate the right link rearward about the first left side of the first right link module, thereby steering the link structure to a left direction (as interpreted according to the 112(b) rejection above, the first right side of the first right link module; [0196] when the joystick is held in the rear left diagonal position, the device will rotate the right link rearward to step dynamically in a left turn).
Regarding Claim 9, Almesfer discloses a wearable device of claim 6, wherein the steering mode comprises a right steering mode ([0196] pushing the joystick to the diagonal right will steer the device into a right turn), and wherein the electric motor is configured to, in the right steering mode, provide power to move the right link rearward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the right link will move rearward when the joystick is held in the rear right diagonal position to turn the exoskeleton to the right), and provide power to rotate the left link rearward about the first left side of the first left link module, thereby steering the link structure to a right direction ([0196] [0196] holding the joystick in the right rear diagonal will cause the device to dynamically, or repeatedly, step in a right turning direction, thus the left link will also rotate rearward to step dynamically in a right rear turn).
Regarding Claim 10, Almesfer discloses a wearable device of claim 6, wherein the steering mode comprises a left steering mode ([0196] pushing the joystick to the diagonal left will steer the exoskeleton in a left turn), and wherein the electric motor is configured to, in the left steering mode, provide power to move the left link rearward ([0196] when the joystick is held in the forward or backward position, the device dynamically steps forward or backward respectively; see [0221] where dynamic step sequence is a continuous walking sequence; so the left link will move rearward when the joystick is held in the left right diagonal position to turn the exoskeleton to the left) and provide power to rotate the right link rearward about the first left side of the first right link module, thereby steering the link structure to a left direction (as interpreted according to the 112(b) rejection above, the first right side of the first right link module; [0196] if the joystick is held in the left rear diagonal, the device will dynamically step in a left turn to the rear, thus the right link will also be rotating to the rear).
Regarding Claim 11, Almesfer discloses a wearable device of claim 6, wherein the second right link module comprises: a second-first right link module (figs. 1 and 4, the right side lower leg structural member 11, knee joint 12 [0124]) having one side coupled to the first right link module (fig. 1, 11 is pivotally engaged with 10 via the knee joint 12 at first end 11a [0124]), extending downward from the one side coupled to the first right link module (fig. 1, shows that 11 extends downward from end 11a), and configured to rotate at the one side of the second-first right link module (knee joint 12 rotates [0145]) in the first direction about the axis in the second direction of the wearer (fig. 2, 11 pivots via the knee joint in the front-to-back direction about pivot axis 12a [0145]); and a second-second right link module (fig. 2, foot joint 17 and foot member 18 [0134]) having one side coupled to the second-first right link module (fig. 1 shows foot member 18 connected to the bottom end of 11 by foot joint 17 [0134]) and configured to rotate at the one side of the second-second right link module (fig. 1 [0134] foot joint rotates) in the first direction about the axis in the second direction of the wearer (fig. 2, foot joint 17 rotates front-to-back about left-right axis 17a [0134]), wherein a lower surface of the second-second right link module is configured to contact the ground (figs 1-4, the foot plate 30 of foot member 18 contacts the ground [0164]).
Regarding Claim 12, Almesfer discloses a wearable device of claim 11, wherein the second left link module comprises: a second-first left link module (figs. 1 and 4, the left side lower leg structural member 11, knee joint 12 [0124]) having one side coupled to the first left link module (fig. 1, 11 is pivotally engaged with 10 via the knee joint 12 at first end 11a [0124]), extending downward from the one side coupled to the first left link module (fig. 1, shows that 11 extends downward from end 11a), and configured to rotate at the one side of the second-first left link module (knee joint 12 rotates [0145]) in the first direction about the axis in the second direction of the wearer (fig. 2, 11 pivots via the knee joint in the front-to-back direction about pivot axis 12a [0145]); and a second-second left link module (fig. 2, foot joint 17 and foot member 18 [0134]) which has one side coupled to the second-first left link module (fig. 1 shows foot member 18 connected to the bottom end of 11 by foot joint 17 [0134]) and rotates at the one side of the second-second left link module (fig. 1 [0134] foot joint rotates) in the first direction about the axis in the second direction of the wearer (fig. 2, foot joint 17 rotates front-to-back about left-right axis 17a [0134]), wherein a lower surface of the second-second right link module is configured to contact the ground (figs 1-4, the foot plate 30 of foot member 18 contacts the ground [0164]).
Regarding Claim 13, Almesfer discloses a wearable device of claim 12, wherein the first right link module extends from the right hip joint of the wearer to a right knee joint of the wearer (figs. 1 and 4, the assembly of 10 and 14 extend from the hip to the knee, seen on the right side of the user [0147]), wherein the first left link module extends from the left hip joint of the wearer to a left knee joint of the wearer (figs. 1 and 4, the assembly of an and 14 extend from the left hip to the left knee of the user [0147]), wherein the second-first right link module extends from the right knee joint of the wearer to a right ankle joint of the wearer (figs. 1 and 4, the assembly of 12 and 11 extend from the knee to the ankle on the right side [0155]), wherein the second-first left link module extends from the left knee joint of the wearer to a left ankle joint of the wearer (figs. 1 and 4, the assembly of 12 and 11 extend from the knee to the ankle on the left side [0155]), wherein the second-second right link module extends from the right ankle joint of the wearer to a right sole of the wearer (figs. 1 and 4, the assembly of 17 and 18 extend from the ankle to under the sole of the user on the right side [0127]), and wherein the second-second left link module extends from the left ankle joint of the wearer to a left sole of the wearer (figs. 1 and 4, the assembly of 17 and 18 on the left side extend from the ankle to under the sole of the user [0127]).
Regarding Claim 15, Almesfer discloses a wearable device of claim 1, wherein the first direction is a front-rear direction of the wearer ([0130] the hip rotates in an anterior-posterior plane, as does the ankle [0150] and the knee [0145]) and the second direction is a left-right direction of the wearer (fig. 2, the axes of rotations of each of the joints are 14a, 12a, and 17a in the left-right direction; see Table 6 for a summary [0271]).
Regarding Claim 16, Almesfer discloses a wearable device of claim 1, wherein the first direction is perpendicular to the second direction (fig. 2, the anterior-posterior plane is perpendicular to the axes of the joints 14a, 12a, and 17a [0047-0048]).
Regarding Claim 17, Almesfer discloses a wearable device of claim 1, wherein the electric motor is configured to, in the steering mode, perform operation (i) before operation (ii) ([0196] the user of the joystick to operate the device is capable of first performing operation (i) before performing operation (ii)).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kazerooni et al (US 2013/0158445 A1), hereafter Kazerooni.
Regarding Claim 14, Almesfer discloses a wearable device of claim 1, but is silent on further comprising a crutch member having a first side configured to be gripped by the wearer and a second side configured to contact the ground, wherein the crutch member comprises a steering button configured to perform the steering mode (Almesfer’s steering button is a joystick 2 located at the waist, fig. 2 [0143]).
However, Kazerooni teaches the use of an exoskeleton device (fig. 1, exoskeleton 102 [0054]) with a crutch member (fig. 1, support device 104 [0054] comprising a crutch 136 [0056]) having a first side configured to be gripped by a user (fig. 1, handle 140 [0056]) and a second side configured to contact the ground (the bottom end of crutch 136 contacts the ground), wherein the crutch member comprises a button (fig. 19, buttons 172, 173 [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a crutch member into Almesfer’s exoskeleton device, and place the steering controls on the crutch in the form of buttons, as taught by Kazerooni in order to operate the exoskeleton while also providing additional stabilization to the person wearing a powered exoskeleton (Kazerooni [0054]), as well as an alternative location for the exoskeleton controls.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785