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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the neck support as mention in claim 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 6 and 14 are objected to because of the following informalities:
Claim 6, line 1, “according claim 1” should read “according to claim 1”
Claim 14, line , “a neck support for support a neck” should read “a neck support to support a neck” or “a neck support for supporting a neck”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 11, 12, 16, and 17 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 11 recites the phrase "preferably" in lines “a further stay (19), preferably a further resilient stay”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Claim 12 recites the phrase "preferably" in lines “a yet further stay (21), preferably a yet further resilient stay”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Additionally claim 12, recites the phrase "preferably" in lines “preferably, wherein said second connection arrangement (11) is provided at a crossing of said resilient stay (7) and said yet further stay (21)”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Claim 16 recites the phrase "preferably" in lines “ an elongated resilient stay, preferably two elongated resilient stays”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Claim 17 recites the phrase "preferably" in lines “ each connecting said elongated resilient stay, preferably each connecting a respective elongated resilient stay (29) of said two elongated resilient stays (29)”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Additionally, Claim 17 recites the limitation "said two elongated resilient stays" in “preferably each connecting a respective elongated resilient stay (29) of said two elongated resilient stays (29)”. There is insufficient antecedent basis for this limitation in the claim. Claim 17 is dependent off of claim 1. Claim 1 does not mention two elongated resilient stays. Claim 16 introduces two elongated resilient stays. For purpose of examination, Claim 17 is treated as being dependent off of claim 16.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8-10, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121).
Regarding claim 1, Holscher discloses
A wearable support system (601) (fig. 1; support structure 1; [0088]) comprising
a torso support (1, 101, 201, 301, 401, 501, 701) (fig.1; chest support 7; [0083]) and
a wearable support structure (13) (see fig. 1; the wearable support structure comprising the lumbar support 4, stays 3a and 3b, pivoting arrangement 9, and thigh supports 14; [0081] and [0084]-[0085]),
wherein said torso support (1, 101, 201, 301, 401, 501, 701) is arranged for bearing upon a chest (fig. 1; chest support is arranged to be retained/bear against the chest of a human body; [0083]) and/or a back of a human body (3) and arranged for at least partly supporting said human body (3) during leaning or bending over (wearable support structure including the chest support is able to provide support while leaning forward or bending over; [0011]-[0018], [0087]),
said torso support (1) comprising:
a frame (5) comprising a resilient stay (7) (bands/braces 5 may be resilient or can partly be formed by an elastic band; [0082]) arranged to extend substantially alongside said back of said human body (3) (see fig. 1; second 8 of band is connected to lumbar support 4 and extends upwards along the back over the shoulders to connect to chest support 7; [0083]) and arranged for being in a first state when being unloaded, and arranged to be biased back to said first state when being into a second state corresponding with a leaning or bending position of said human body (3) (see fig. 1; bands 5 are resilient/elastic, therefore, it is inherently relaxed when unloaded and when leaning/bending (loading) it resiliently biases back due to tension);and
wherein said wearable support structure (13) (see fig. 1; wearable support structure comprising the lumbar support 4, stays 3a and 3b, pivoting arrangement 9, and thigh supports 14; [0081] and [0084]-[0085]) is arranged for at least further partly supporting said human body (3) during leaning or bending over and arranged for bearing against a lumbar area and/or a thigh area of said human body (3) (fig. 1; wearable support structure for providing support structure when leaning or bending the human body, the support structure comprises a thigh support 14 is arranged for bearing upon a front side of the thigh area and a lumbar support 4 for bearing upon a lumbar area of the human body; [0001]-[0007], [0093]),
Holscher does not disclose a first connection arrangement (9) arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said human body (3), wherein said first connection arrangement (9) is connected to said frame (5) at a first location (15) that, in use, is provided at an upper part of said back of said human body (3), and a second location (17) that, in use, is provided at a lower part of said back of said human body (3); a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13); and wherein said wearable support structure (13) comprises: a third connection arrangement (27) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701), wherein said wearable support structure (13) is connected to said second connection arrangement (11) via said third connection arrangement (27).
Shagdar discloses a multifunctional vest for posture correcting
a first connection arrangement (9) arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said human body (3) (see fig. 3; connectors 34, 36, 42, 46, secure the straps 40 to the anterior portion 62 along with bands 70, 80, 82; [0045] and [0063]-[0068]),
wherein said first connection arrangement (9) is connected to said frame (5) at a first location (15) that, in use, is provided at an upper part of said back of said human body (3) (fig. 3; straps 40 are detachably attached to connector 42 of the anterior/posterior portions at the upper back/posterior of the user; [0045]), and a second location (17) that, in use, is provided at a lower part of said back of said human body (3) (fig. 3; straps 40 are detachably attached to connector 46 of the anterior/posterior portions at the lower back/posterior around the waist area of the user; [0045]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the chest support and bands of Holscher with the anterior/posterior vest portions, connectors, and additional straps as taught in Shagdar in order to provide a larger area that is able to support the wearer’s breast and chest area as well provide connectors and straps that are removable and facilitate size adjustment for the individual’s size/comfort (Shagdar: [0040]-[0041] and [0045]).
The modified device of Holscher does not disclose a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13); and wherein said wearable support structure (13) comprises: a third connection arrangement (27) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701), wherein said wearable support structure (13) is connected to said second connection arrangement (11) via said third connection arrangement (27).
Hughes discloses an analogous back support apparatus to assist bending/lifting with
a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17) (figs. 1-11; back plate 62 of upper bracket assembly 60 is between upper back and lower back), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13) (see fig. 1-4, 9a, and 11; back plate 62, 64 connected to associated bracket 68 connects shoulder/chest straps assembly 12 to tension system 10; [0034], [0038], and [0041]); and
wherein said wearable support structure (13) (see figs. 5-9a; tension system 10 (comprises tension rods 80); [0038]) comprises:
a third connection arrangement (27) (see figs. 5-9a; associated bracket 68 with tension rod tubes 69; [0041]) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701) (see fig. 1-4, 9a, and 11; back plate 62, 64 connected to associated bracket 68 connects shoulder/chest straps assembly 12 to tension system 10; [0034], [0038], and [0041]),
wherein said wearable support structure (13) (see figs. 5-9a; tension system 10 (comprises tension rods 80); [0038]) is connected to said second connection arrangement (11) via said third connection arrangement (27) (see fig. 1-4, 9a, and 11; back plate 62, 64 is connected to associated bracket 68 with tension rod tubes 69 holding tension rods 80; [0034], [0038], and [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brace/bands and stays of the modified device of Holscher with the bracket assembly and tension system of Hughes to yield the predictable results of helping suspend and support the user’s upper body when the user bends over (Hughes: [0037]-[0038]).
Regarding claim 2, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said frame (5) is arranged such that, in use, a shape of said resilient stay (7), between said first location (15) and said second location (17), corresponds to a shape of said back of said human body (3) (Holscher: see fig. 1; bands/brace 5 are resilient/elastic bands that run along the wearer’s back and prevent the chest support from moving, therefore, the straps would inherently correspond to the shape of the wearer’s back; [0082]).
Regarding claim 3, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said second connection arrangement (11) is rotatably connected to said third connection arrangement (27) (see fig. 5; fasteners 67 are used to secure brackets 68 to plate 64 at pivot hole 65 and also at any one of a plurality of adjustment holes 66, this allows the brackets 68 to be rotationally adjusted to plates 62, 64; [0041]).
Regarding claim 4, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 3,
wherein said second connection arrangement (11) is rotatably connected to said third connection arrangement (27) (see fig. 5; fasteners 67 are used to secure brackets 68 to plate 64 at pivot hole 65 and also at any one of a plurality of adjustment holes 66, this allows the brackets 68 to be rotationally adjusted to plates 62, 64; [0041]) such that said second connection arrangement (11) is rotatable relative to said third connecting arrangement (27) over a predetermined angle for limiting rotation of said torso support (1, 101, 201, 301, 401, 501, 701) relative to said wearable support structure (13) (Hughes: figs. 5-11; rotational adjustment system and block 53 with angle members 52 may be used to adjust the resting position of the tension rods 80 (adjusts angle to limit rotation and bias user bending back to upright position) provides tension relative to the upper bracket assembly, in view of the different body shapes and forms of the user; [0039], [0041], and [0044]-[0046]).
Regarding claim 5, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said third connection arrangement (27) is arranged for applying a force, during use of the wearable support system (601) (Hughes: see fig. 11; tension rods 80 using rod tubes 69 and brackets 68 connected to plates 62, 64 to apply a pulling/tension force; [0044]-[0046]), in a direction away from said human body, by the wearable support structure (Hughes figs.5-11; tension present in rods 80, exerting upward force F opposing the force of gravity G, assists the user to return to an upright position without relying solely upon the muscles of the back to do so (force away from body); [0046]), to said torso support, via said second connection arrangement (Hughes: see fig. 11, tension system is connected to plates 62, 64 applying the pulling/tension force which pulls on straps 30/chest support; Holscher: fig. 1; chest support is arranged to be retained/bear against the chest of a human body; [0083]).
Regarding claim 8, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said frame (5) is detachably connected to said first connection arrangement (9) (Shagdar: fig. 3; straps 40 are detachably attached to connectors 42 and 46 of anterior/posterior portions at the upper back/posterior of the user; [0045]).
Regarding claim 9, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said first connection arrangement (9) comprises a textile (Shagdar: anterior/posterior portions 60, 20 make up a vest-like garment comprising an expansible material in other words a cloth/textile garment and bands 70, 72, 80 of the anterior portion are made of an elastic material; [0014] and [0040]-[0041]; see [0097]) arranged for bearing upon said chest of said human body (3) (Holscher: fig. 1; chest support is arranged to be retained/bear against the chest of a human body; [0083]).
Regarding claim 10, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim l,
wherein said first connection arrangement (9) is formed as a vest (Shagdar: anterior/posterior portions 60, 20 with connectors and straps make up a vest-like garment; [0014] and [0038]).
Regarding claim 16, the modified device of Holscher further discloses
the wearable support (601) system (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said wearable support structure (13) further comprises:
an elongated resilient stay, preferably two elongated resilient stays (29) (Holscher: fig. 1; stays 3a, 3b; [0084] and [0091]; Hughes: figs. 1-11; tension rods 80; [0038]), connected to said third connection arrangement (27) (Hughes: see figs. 5-9a; associated bracket 68 with tension rod tubes 69; [0041]), arranged to extend substantially alongside said human body (3) (Holscher: see fig. 1; stays 3a, 3b are positioned alongside the body) and arranged for being in a first state when being unloaded (Holscher: stays 3a, 3b are biased towards a stretched state corresponding with an upright position of the human body; [0084] and [0091]), and arranged to be biased back to said first state when being into a second state corresponding with a leaning or bending position of said human body (3) (Holscher: “the stays 3a, 3b are resilient stays arranged such that they are in a stretched state corresponding with an upright position of said human body when being unloaded, and arranged to be biased back to said stretched state when being bent into a bent state corresponding with a leaning or bending position of the human body”; [0091]).
Regarding claim 17, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said wearable support structure (13) (see claim 1 above) comprises:
two thigh supports (31), each arranged for bearing upon a respective thigh area of said human body (3) (see fig. 1; two thigh supports 14 for bearing upon a front side of a thigh area; [0093]), arranged for being in a first state when being unloaded (see fig. 1; two thigh supports 14 are in an unloaded state when standing in an upright position; [0084]-[0085]; (see fig. 1 of Hughes for further example of this), and arranged to be biased back to said first state when being into a second state corresponding with a leaning or bending position of said human body (3) (see fig. 1; two thigh supports 14 bears upon thigh area during pivoting of pivoting arrangement; [0084]-[0085]; (see fig. 11 of Hughes for further example of this);
two pivoting arrangements (33), each connecting said elongated resilient stay, preferably each connecting a respective elongated resilient stay (29) of said two elongated resilient stays (29) (see fig. 1; “pivoting arrangements 9 comprising biasing means such that, during use, the stays 3a, 3b are biased towards a stretched state corresponding with an upright position of the human body; [0084]), to a respective thigh support (31) of said two thigh supports (31) (fig. 1; a thigh support 14, connected to the pivoting arrangements 9 via lower stays 15a, 15; [0084] and [0085]) and allowing said respective elongated resilient stay (29) and said respective thigh support (31) to pivot about a main axis (A) (see fig. 1; thigh supports 14 and stays 3a, 3b pivot around pivot axis 13; [0084]-[0085]).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121) and Zelik (US 20220218508).
Regarding claim 6, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according claim 1,
The modified device of Holscher does not disclose wherein said second connection arrangement (11) is moveable along said frame (5) between said first location (15) and said second location (17).
Zelik discloses an analogous wearable assistance device for leaning
wherein said second connection arrangement (11) is moveable along said frame (5) (fig. 6a-7c; clutch mechanism 608 is configured to allow elastic member 606 to pass through; [0104]) between said first location (15) and said second location (17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back plate of the modified device of Holscher with the clutch mechanism of Zelik to allow the elastic member (brace/bands) to pass through the clutch selectively adjusting stiffness of the elastic member and the amount of assistance provided (Zelik: [0104]-[0113]).
It directly follows that the back plate modified by the clutch mechanism would allow the back plate to move between the first location and second location of claim 1.
Regarding claim 7, the modified device of Holscher further discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly; Zelik: clutch mechanism) according to claim 6,
wherein said torso support (1) is arranged for fixating said second connection arrangement (11) at a plurality of positions (Zelik: fig. 6a-7c; clutch mechanism 608 is configured to allow elastic member 606 to pass through; [0104]; therefore, it can move to any number of different positions along the straps) between said first location (15) and said second location (17) along said frame (5) to said frame (5) (Shagdar: first location is provided at the upper back, second location at the lower back, see claim 1 above).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121) and Ochoa (US 20130281901).
Regarding claim 11, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim l,
the modified device of Holscher does not discloses wherein said frame (5) comprises a further stay (19), preferably a further resilient stay, perpendicular to said resilient stay (7) such that, in use, said further stay (19) extends along a width of said back of said human body (3).
Ochoa discloses a back support system
wherein said frame (5) (fig. 6; artificial spine 610; [0030]) comprises a further stay (19), preferably a further resilient stay (fig. 6; straps 615 and 620; [0030]), perpendicular to said resilient stay (7) such that (see fig. 6, straps are perpendicular to the artificial spine (also perpendicular to the brace 5 in Holscher), in use, said further stay (19) extends along a width of said back of said human body (3) (see fig. 6, straps 615 and 620 span the width of the users back; [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bands/brace of the modified device of Holscher with the straps of Ochoa to provide straps that are perpendicular/span the width of the back in order further support to the lower and upper part of the wearer’s spine (Ochoa: fig. 6 and [0030]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121) and Galiana (US 20210007874).
Regarding claim 13, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
The modified device of Holscher does not disclose wherein said torso support (1, 701) comprises a detector arrangement (23) arranged for detecting a physical state of said human body (3) and/or for detecting forces and deflections of said frame (5).
Galiana discloses an analogous wearable device to assist with human motion (lifting, crouching, bending over; [0112])
wherein said torso support (1, 701) comprises a detector arrangement (23) (see fig. 29B; sensors 230 can be placed on thighs and/or torso; [0394]) arranged for detecting a physical state of said human body (3) (fig. 29b; sensors 230 can be a IMU used to measure back angles (posture of the human); [0344]) and/or for detecting forces and deflections of said frame (5) (fig. 29b; sensors 230 can be a load-sensing element to measure or estimate forces that the device generates on the person; [0394]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the chest support and thigh supports of the modified device of Holscher with the sensors of Galiana to estimate the wearers posture/back angles and forces that the device is generating onto the wearer to optimize the level of assistance provided to the wearer (Galiana: [0344], [0347], and [0394]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121) and Petterson (US 20200113725).
Regarding claim 14, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
The modified device of Holscher does not disclose wherein said frame comprises a neck support for support a neck of said human body.
Petterson discloses an exoskeleton support system for posture where
wherein said frame comprises a neck support for support a neck of said human body (fig. 5; padded section 574 connected to strap 500 which connects to upper housing, padded section is at a position corresponding to an area near the neck of the user; [0054], padded section supports the neck).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the straps/frame of the modified device of Holscher with the padded section of Petterson in order to provide comfort to the neck region of the user reducing the potential for discomfort (Petterson: [0054]).
Claims 1, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over a second embodiment of Holscher (US 20180049905) in view of Shagdar (US 20170354530) and further in view of Hughes (US 20080228121).
Regarding claim 1, Holscher discloses
A wearable support system (601) (fig. 2; support structure 101; [0087]) comprising
a torso support (1, 101, 201, 301, 401, 501, 701) (fig. 2; chest support 102; [0094]) and
a wearable support structure (13) (see fig. 2; the wearable support structure comprising the lumbar support 4, stays 3a and 3b, pivoting arrangement 107, and thigh supports 14; [0081], [0084]-[0085], [0090]-[0093], [0116]),
wherein said torso support (1, 101, 201, 301, 401, 501, 701) is arranged for bearing upon a chest (fig. 2; chest support 102 is arranged to be retained/bear against the chest of a human body; [0088]) and/or a back of a human body (3) and arranged for at least partly supporting said human body (3) during leaning or bending over (wearable support structure including the chest support is able to provide support while leaning forward or bending over; [0011]-[0018], [0089]-[0090]),
said torso support (1) comprising:
a frame (5) comprising a resilient stay (7) (fig. 2; bands/braces 105a may be resilient or can partly be formed by an elastic band; [0082], [0095]) arranged to extend substantially alongside said back of said human body (3) (see fig. 2; bands 105 a is connected to lumbar support 4 and extends upwards along the back over the shoulders to connect to chest support 102; [0090]) and arranged for being in a first state when being unloaded, and arranged to be biased back to said first state when being into a second state corresponding with a leaning or bending position of said human body (3) (see fig. 2; bands 105 are resilient/elastic, therefore, it is inherently relaxed when unloaded and when leaning/bending (loading) it resiliently biases back due to tension; [0082], [0095]);and
wherein said wearable support structure (13) (see fig. 2; the wearable support structure comprising the lumbar support 4, stays 3a and 3b, pivoting arrangement 107, and thigh supports 14; [0081], [0084]-[0085], [0090]-[0093], [0116]) is arranged for at least further partly supporting said human body (3) during leaning or bending over and arranged for bearing against a lumbar area and/or a thigh area of said human body (3) (fig. 1; wearable support structure for providing support structure when leaning or bending the human body, the support structure comprises a thigh support 14 is arranged for bearing upon a front side of the thigh area and a lumbar support 4 for bearing upon a lumbar area of the human body; [0001]-[0007], [0093]),
Holscher does not disclose a first connection arrangement (9) arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said human body (3), wherein said first connection arrangement (9) is connected to said frame (5) at a first location (15) that, in use, is provided at an upper part of said back of said human body (3), and a second location (17) that, in use, is provided at a lower part of said back of said human body (3); a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13); and wherein said wearable support structure (13) comprises: a third connection arrangement (27) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701), wherein said wearable support structure (13) is connected to said second connection arrangement (11) via said third connection arrangement (27).
Shagdar discloses a multifunctional vest for posture correcting
a first connection arrangement (9) arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said human body (3) (see fig. 3; connectors 34, 36, 42, 46, secure the straps 40 to the anterior portion 62 along with bands 70, 80, 82; [0045] and [0063]-[0068]),
wherein said first connection arrangement (9) is connected to said frame (5) at a first location (15) that, in use, is provided at an upper part of said back of said human body (3) (fig. 3; straps 40 are detachably attached to connector 42 of the connecting arrangement at the upper back/posterior of the user; [0045]), and a second location (17) that, in use, is provided at a lower part of said back of said human body (3) (fig. 3; straps 40 are detachably attached to connector 46 of the connecting arrangement at the lower back/posterior around the waist area of the user; [0045]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the chest support and bands of Holscher with the anterior/posterior vest portions, connectors, and additional straps as taught in Shagdar in order to provide a larger area that is able to support the wearer’s breast and chest area as well provide connectors and straps that are removable and facilitate size adjustment for the individual’s size/comfort (Shagdar: [0040]-[0041] and [0045]).
The modified device of Holscher does not disclose a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13); and wherein said wearable support structure (13) comprises: a third connection arrangement (27) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701), wherein said wearable support structure (13) is connected to said second connection arrangement (11) via said third connection arrangement (27).
Hughes discloses an analogous back support apparatus to assist bending/lifting with
a second connection arrangement (11), connected to said frame (5) between said first location (15) and said second location (17) (figs. 1-11; back plate 62 of upper bracket assembly 60 is between upper back and lower back), arranged for connecting said torso support (1, 101, 201, 301, 401, 501, 701) to said wearable support structure (13) (see fig. 1-4, 9a, and 11; back plate 62, 64 connected to associated bracket 68 connects shoulder/chest straps assembly 12 to tension system 10; [0034], [0038], and [0041]); and
wherein said wearable support structure (13) (see figs. 5-9a; tension system 10 (comprises tension rods 80); [0038]) comprises:
a third connection arrangement (27) (see figs. 5-9a; associated bracket 68 with tension rod tubes 69; [0041]) arranged for connecting said wearable support structure (13) to said torso support (1, 101, 201, 301, 401, 501, 701) (see fig. 1-4, 9a, and 11; back plate 62, 64 connected to associated bracket 68 connects shoulder/chest straps assembly 12 to tension system 10; [0034], [0038], and [0041]),
wherein said wearable support structure (13) (see figs. 5-9a; tension system 10 (comprises tension rods 80); [0038]) is connected to said second connection arrangement (11) via said third connection arrangement (27) (see fig. 1-4, 9a, and 11; back plate 62, 64 is connected to associated bracket 68 with tension rod tubes 69 holding tension rods 80; [0034], [0038], and [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brace/bands and stays of the modified device of Holscher with the bracket assembly and tension system of Hughes to yield the predictable results of helping suspend and support the user’s upper body when the user bends over (Hughes: [0037]-[0038]).
Regarding claim 12, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 101; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said frame (5) comprises a yet further stay (21), preferably a yet further resilient stay (fig. 2; bands/braces 105a and 105b may be resilient or can partly be formed by an elastic band; [0082], [0095]),
wherein said resilient stay (7) and said yet further stay (21) are provided such that said frame (5) is X-shaped (see fig. 2; bands 105a and 105b are provided in an X-shape formation), preferably,
wherein said second connection arrangement (11) is provided at a crossing of said resilient stay (7) and said yet further stay (21) (Hughes: see figs. 1-11; back plates 62, 64 are provided at the crossing of the X-shape of the straps).
Regarding claim 15, the modified device of Holscher discloses
the wearable support system (601) (Holscher: support structure 1; Shagdar: anterior vest portion and connectors; Hughes: bracket assembly with tension assembly) according to claim 1,
wherein said frame (5) is arranged for connecting to a hip part (25) of said wearable support structure (13) (see fig. 2; bands 105 a and 105b are connected to opposite sides of lumbar support 4; a person’s hips are on opposite sides of the lumbar area; therefore, the straps are connected to lumbar support 4 at a hip part) for limiting rotation of said hip part during donning and doffing of said wearable support structure (it would have been readily understood by one of ordinary skill in the art that elastic/resilient straps that are used to retain part of the system would be capable of limiting at least a portion of rotations of the hips during donning and doffing).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Farfan (US 4691696) – A lumbar spinal brace with a limitation means for limiting the rotation of the hips
Petterson (US 20160038331) – A self-activating lifting vest with bands connected to a vest
Monden (US 20200170822) – A posture and lifting orthotic with releasable straps from the torso support
Jinright (US 20100069806) – An adjustable brace for correcting a forward lean with thigh, chest, and back support
Jouet-Pastre (FR 3092029) – An exoskeleton posture harness with a resilient/elastic band and thigh supports to support bend and leaning
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785