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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN 108500957 A) in view of Kaesmann (US 2022/0071831 A1).
Regarding claim 1, Dong discloses an apparatus comprising: a wire unit (see cable passing through conduits 402 and 301 fig 3 and 201 fig 2, see also fig 1 and 4) configured to surround a shoulder of a wearer (see fig 3); a clutch unit (#6 fig 1, 5, see final paragraph on pg 3 disclosing unit 6 as having two electromagnetic clutches 602) penetrated by the wire unit and disposed on a route along which the wire unit extends (see first two paragraphs of pg 4 disclosing the Bowden cables/wires being would around internal wheels of the clutch unit).
Dong is silent to a support unit having a first side rotatably connected to the clutch unit and a second side configured to support an elbow of the wearer.
Kaesmann teaches a similar arm/shoulder assistance apparatus with a support unit (#4 fig 3) having a first side rotatably connected to a clutch unit (rotatably at point DP fig 3) and a second side configured to support an elbow of the wearer (see arm band of support unit 4, #5 fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a support unit as taught by Kaesmann onto the apparatus of Dong as doing so provides additional support to the wearer’s arm, providing further assistance in various arm raising activities.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over modified Dong as applied to claim 1 above, and further in view of Carriere (US 2019/0175975 A1).
Regarding claim 4, modified Dong discloses the apparatus of claim 1. Modified Dong is silent to an elastic member connected to one side of the wire unit and configured to face a back region of the wearer; and a pulley member disposed below the clutch unit, wherein the wire unit is configured to surround an outer portion of the pulley member, extend from the elastic member, be bent at the pulley member, and then pass through the clutch unit.
Carriere teaches a similar wire unit shoulder apparatus with an elastic member (#36 fig 2) connected to one side of the wire unit (#5 fig 2) and configured to face a back region of the wearer (see fig 1); and a pulley member (#7 fig 2), wherein the wire unit is configured to surround an outer portion of the pulley member (see fig 2), extend from the elastic member (see fig 2) and be bent at the pulley member (see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an elastic member and a pulley member as taught by Carriere onto the apparatus of modified Dong as doing so allows for the tension on the wire unit to be varied (Carriere par 0023).
Regarding claim 5, modified Dong discloses the apparatus of claim 4. Dong further discloses a shoulder mounting member (#5 fig 1, #402 fig 3-4) configured to be in close contact with an upper portion of the shoulder of the wearer (see fig 1, 3-4), wherein the wire unit is configured to extend from the back region of the wearer, penetrate the shoulder mounting member, and then extend to a front side of the wearer (see fig 1-4).
Allowable Subject Matter
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 6-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 2 and 6 require a wire unit, a clutch unit and a support unit, see rejection of claim 1 above. The claims further require the support unit is configured so that when the support unit rotates in a first rotation range relative to the clutch unit, the clutch unit restricts a movement of the wire unit in one of two directions in which the wire unit penetrates the clutch unit in a penetration region; and wherein the support unit is configured so that when the support unit rotates within a second rotation range relative to the clutch unit, the clutch unit allows the movements of the wire unit in the two directions in which the wire unit penetrates the clutch unit in the penetration region. Dong as modified by Kaesmann above fails to provide a functional connection between the operation of the clutch unit and the support unit.
The closest further relevant prior art, Zelik (US 2019/0358074 A1), discloses a similar wire clutch system wherein the clutch unit restricts a movement of the wire unit in one of two directions in which the wire unit penetrates the clutch unit in a penetration region (see fig 8, par 0099); and the clutch unit allows the movements of the wire unit in the two directions in which the wire unit penetrates the clutch unit in the penetration region (see fig 8, par 0098). Where the clutch engagement and disengagement is dependent on rotation of member 810.
Although the wire clutch system of Zelik has structural similarities of the clutch system of Kaesmann (see Kaesmann #3 fig 2) which is rotated in connection with the rotation of the support unit, it would not have been obvious to one of ordinary skill in the art to incorporate the wire unit between elements 3 and 13 of Kaesmann as taught by Zelik. The clutch elements of Kaesmann are designed to directly fit with one another without intervening elements (see rack and gear shown in fig 4 of Kaesmann) therefore disposing a wire unit inside the clutch system of Kaesmann would fail to provide the intended action of Kaesmann.
Therefore claims 2 and 6 and dependents therein patentably define over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Radulovic US 4,180,870 A
Sorrenti US 2011/0021962 A1
Doyle US 9,737,374 B2
Han Chang Soo KR 20190001203 A
Ryu Jae Kwan KR 102154248 B1
Muller-Graf Felix WO 2021240018 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799