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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/28/2024 and 12/29/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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, 7-9, 12, 13, 22 and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBean et al (US 2008/0071386).
As to claim 1, McBean teaches a force-measuring device for determining stability of a joint of a living subject (device shown in fig.1, 4, 17 and 18, abstract, wherein the device is worn on the hand/wrist of a user to measures muscle force signals to assess a subject functional capabilities/joint stability, par.61, par.121 and par,158), the force-measuring device comprising:
a mitt frame (hand/wrist brace 7, par.62 and par.66, fig.1, 4, 17 and 18) configured to receive a hand of a user therein (brace 7 is being worn by the user’s hand/wrist, as best seen in fig.1, 4, 17 and 18), the mitt frame comprising:
a palm portion (section 34 in fig.2, 17 and 18, par.60) configured to receive a palm of the user therein; and
a finger portion (straps 4 receiving fingers in fig.2, 17 and 18, par.79) configured to receive fingers of the user therein;
one or more first force sensors coupled to the palm portion and disposed on an exterior surface of the palm portion (sensors 24 coupled to section 34 and/or straps 4, end of par.61-62, fig.2-3, 17 and 18); and
one or more second force sensors coupled to the finger portion and disposed on an exterior surface of the finger portion (sensors 24 coupled to straps 4, end of par.61-62, fig.2-3, 17 and 18).
As to claim 7, McBean teaches a force-measuring device, wherein the palm portion comprises a palmar component and a dorsal component coupled to one another (section 34 coupled to straps 4 on dorsal portion, as best seen in fig.17 and 18, fig.61-62 and par.66).
As to claim 8, McBean teaches a force-measuring device, wherein the palmar component of the palm portion is formed of a first material, wherein the dorsal component of the palm portion is formed of a second material, and wherein the first material is more flexible than the second material (pad 22 with section 34 made from compressive elastic material, while straps 4 are made from less elastic /stiffer material, par.59 and par.62).
As to claim 9, McBean teaches a force-measuring device, wherein the palmar component of the palm portion comprises one or more pockets, and wherein the one or more first force sensors are disposed at least partially within the one or more pockets (sensors 24 are placed within housing/recessed pockets, par.62).
As to claim 12, McBean teaches a force-measuring device, wherein a palmar component of the finger portion is formed of a first material, wherein a dorsal component of the finger portion is formed of a second material, and wherein the first material is more flexible than the second material (pad 22 with section 34 made from compressive elastic material, while straps 4 are made from less elastic /stiffer material, par.59 and par.62).
As to claim 13, McBean teaches a force-measuring device, wherein a palmar component of the finger portion comprises one or more pockets, and wherein the one or more second force sensors are disposed at least partially within the one or more pockets (sensors 24 are placed within housing/recessed pockets, par.62).
As to claim 22, McBean teaches a force-measuring device, wherein the one or more second force sensors are disposed on a palmar side of the finger portion (sensors 24 are coupled to straps 4 and wrapped around the fingers to be in contact with the skin, par.61, fig.2 and fig.17-18).
As to claim 43, McBean teaches a force-measuring device, further comprising one or more third force sensors coupled to a thumb portion and disposed on an exterior surface of the thumb portion (sensors 24 are located on strap 4 that is wrapped around the thump and in contact with the skin, as best seen in fig.18, par.61 and 66).
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.
Claim(s) 3-5 and 41 is/are rejected under 35 U.S.C. 103 as being obvious over McBean et al (US 2008/0071386), in view of Kim et al (wearable hand module and real-time tracking algorithms for measuring finger joint angles of different hand sizes with high accuracy FBG strain sensors, NPL# 2 in IDS mailed on 12/29/2022).
As to claims 3 and 4, McBean teaches the section 32 and 34 are removably attached to each other (par.59, fig.5), but failed to explicitly teach the finger portion is movably coupled to the palm portion, and wherein the finger portion is rotatably coupled to the palm portion.
However, Kim teaches a hand/wrist brace to determine joint stability (abstract, introduction) in the same field of endeavor, wherein the finger portion is movably coupled to the palm portion (the finger portion is movably connected to a flattener structure that flattens the FBG nodes at the thumb on the back of the hand coupled to the palm portion, sec.2.3, fig.2), and wherein the finger portion is rotatably coupled to the palm portion (rotation pins enable finger joints to rotate while connected to the flattener structure, sec.2.3, sec.4.2, fig.2 and 8).
Since movable mitt/brace sections are movably and/or rotatably attached each other, so it would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to movably/rotatably attach sections 32, 34 and straps 4 attached to each other taught by McBean’s invention, as taught by Kim’s invention, to provide more flexibility to the joints to move freely/ergonomically with less constrains.
Claims 5 and 41, McBean teaches the invention substantially as claimed above, but failed to explicitly teach the device further comprising a rotary encoder coupled to the finger/thumb portion and the palm portion and configured to track a location of the finger/thumb portion relative to the palm portion (spring structure helps the FGB sensor (rotary encoder) at the thumb, thus tracking positional changes of the FBG nodes in the FBG strain sensor measuring the joint angle (location of the finger/thumb relative to the palm), page 8, fig.5).
It would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to add rotary encoder coupled to the finger/thumb in McBean’s invention, as taught by Kim’s invention to monitor movement location of each joint/finger relative to other fingers or palm, to analyze changes in positions of the joints, as taught by Kim’s invention (page 8, end of first paragraph).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being obvious over McBean et al (US 2008/0071386), in view of Wang et al (US 2011/0302694).
As to claim 15, McBean teaches the invention substantially as claimed above, but failed to explicitly teach the one or more first force sensors are disposed on a palmar side of the palm portion.
However, Wang teaches an analogous clinical hand/wrist glove that measures force and/or pressure exerted by the hand (abstract, fig.1-2), wherein the one or more first force sensors are disposed on a palmar side of the palm portion (force sensor located on multiple palm portions 212, 214, 216, par.99, par.111, par,127, fig.2a).
Since it has been held that rearranging parts of a device involves only routine skill in the art. In re Japikse, 86 USPQ 70., so it would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to arrange sensors 24 on palmar side of the palm portion in McBean’s invention, as taught by Wang’s invention, to measure force at multiple locations on the palm.
Claim(s) 17, 20 and 21 is/are rejected under 35 U.S.C. 103 as being obvious over McBean et al (US 2008/0071386), in view of Shavit et al (US 2017/0368413)
As to claims 17, 20 and 21, McBean teaches sensors 24 are EMG or EEG sensors, but failed to explicitly teach the one or more first force sensors or the one or more second force sensors comprise one or more load cells, one or more force plates disposed between pair of plates. However, Shavit teaches measuring force of joints in the same filed of endeavor, wherein the one or more first force sensors or the one or more second force sensors comprise one or more load cells (load cells array 1835, par.269, fig.18), wherein the one or more first force sensors or the one or more second force sensors comprise one or more force plates (weight force plates 1805 are mounted on either sides of a pole 1830 comprising load cells 1835, par.269, fig.18), and wherein the one or more force plates comprise one or more load cells disposed between a pair of plates (weight force plates 1805 are mounted on either sides of a pole 1830 comprising load cells 1835, par.269, fig.18).
It would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to include load cells to McBean’s invention, as taught by Shavit’s invention, to provide thin and flexible (more ergonomic) sensors around the finger, as taught by Shavit’s invention (par.269).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being obvious over McBean et al (US 2008/0071386), in view of Hardy et al (US 2014/0215684).
As to claims 18 and 19, McBean teaches sensors 24 are EMG or EEG sensors, but failed to explicitly teach the one or more first force sensors or the one or more second force sensors comprise one or more piezoelectric sensors, and one or more piezoresistive sensors. However, Hardy teaches measuring force of joints in the same filed of endeavor, wherein the one or more first force sensors or the one or more second force sensors comprise one or more piezoelectric sensors (pressure sensors, array of one or more capacitive, piezoelectric, par.23), and one or more piezoresistive sensors (piezoresistive pressure senso, par.16).
It would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to include piezoelectric sensors and piezoresistive sensors to McBean’s invention, as taught by Hardy’s invention, to measure different type of parameters from the hand/joints of a user to provide more reliable and credible information.
Claim(s) 34 and 37 is/are rejected under 35 U.S.C. 103 as being obvious over McBean et al (US 2008/0071386), in view of Antonya et al (Simulation of product’s grasping, NPL # 3, in IDS mailed on 12/29/2022).
As to claims 34 and 37, McBean teaches the invention substantially as claimed above, but failed to explicitly teach the device a plurality of mitt tracking markers coupled to the mitt frame and disposed on an exterior surface of the mitt frame, wherein the mitt tracking markers comprise passive optical tracking markers.
However, Antonya teaches an analogous hand/wrist force/pressure measuring device, having a plurality of mitt tracking markers (reflective markers attached to a specific landmark of a user’s hand, abstract) coupled to the mitt frame and disposed on an exterior surface of the mitt frame, wherein the mitt tracking markers comprise passive optical tracking markers (the markers are passive optical tracking system, abstract).
It would have been obvious to one having an ordinary skill in the art before effective filing date of the invention to include where in the mitt tracking markers comprise passive optical tracking, as taught by Antonya’s invention, for the benefit of developing a simulation model regarding the ergonomic so a user's hand using a hand-held device, as taught by Antonya’s invention (abstract).
Conclusion
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791