DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This office action is responsive to the amendment filed on January 28, 2026. As directed by the amendment: claims 1-3, 8-10, and 14-15 have been amended, no claims have been cancelled, and claims 16-20 have been added. Thus, claims 1-20 are presently pending in this application.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “electronic device” in claim 1 line 5, claim 6 lines 2-3, claim 7 line 7, claim 12 lines 2, 3, and 4, claim 13 lines 1, 6, 8, and 9, claim 14 lines 3, 5, and 7-8, and claim 15 lines 2-3 which is being interpreted as a smartphone, tablet PC, smart TV or the like according to specification paragraph [0061].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. Claim(s) 1, 4, 6-8, 11-12, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai (EP-3159778) in view of Lim et al. (US 2019/0046078).
Regarding claim 1, Sankai discloses a wearable device (figs. 3-4) comprising:
a motor (fig. 3, drive units 120, 122, 124, and 126 are formed with a motor according to paragraph [0043]);
a motor driver circuit configured to control the motor (paragraph [0043] states that the control device provides a signal to control the drive torque, see fig. 5, driver which receives input from control device 26);
a communication circuit (fig. 5, communicating device 28) configured to receive first movement information of a first user from a server or an electronic device (fig. 1, motion reproducing apparatus 3 is a wearable motion assisting apparatus similar to data acquiring apparatus 1 which has controls in fig. 5 and structure shown in figs. 3-4 and receives body motion data according to [0023]);
a frame connected to the motor and worn on a body part of a second user (fig. 3, frame mechanism 118 which is shown to be worn on wearer P);
a sensor (fig. 3, biological signal sensors 138a, 138b, 140a, 140b, 142a, 142b, 144a, and 144b);
at least one processor (fig. 5, control device 26) comprising processing circuitry ([0039] states that the control device is used to calculate torque for output which requires some processing circuitry); and
memory (fig. 1, memory 2B) comprising one or more storage media storing instructions ([0011]-[0013] states that the data managing apparatus which includes the memory is configured to record and store body motion data until a request for the data is made),
wherein the instructions ([0011]-[0013]), when executed individually or collectively by the at least one processor (fig. 5, shows control device 26 communicating with communicating device 28 to receive body motion data, or in fig. 1, transmit body motion data for storage), cause the electronic device to:
acquire second movement information (fig. 5, control device 26 receives body motion data) of the second user using the sensor (fig. 2, communicating device 18 sends body motion data to a data managing apparatus shown in fig. 1),
calculate a difference between the second movement information and the first movement information ([0039] states that control device 26 calculates an output torque based on sensed data and the received body motion data in which the difference is inherently found when using the same equation to calculate torque in both cases),
determine a torque intensity ([0054] states that a force control output torque is a torque for making equal torque of the wearable device and the torque in the body motion data) and a torque direction ([0054] states an angle control output torque makes equal a joint angle of the wearable device and the joint angle in the body motion data) based on the difference ([0039] states an output torque is calculated based on the joint angles), and
control the motor driver circuit to output a torque corresponding to the torque intensity and the torque direction through the motor (fig. 5, control device 26 controls the driver to output a torque to recreate the motion in the body motion data, see [0054])
wherein the instructions, when executed individually or collectively by the at least one processor, cause the electronic device to:
determine the torque direction such that is the second movement information is greater than the first movement information, the torque direction indicates an opposite direction of a movement of the second user, and if the second movement information is less than the first movement information, the torque direction indicates a direction of the movement of the second user ([0054] states an angle control output torque and a force control output torque make the wearable device output a torque and joint angle to match the body motion data, therefore, if the user in the wearable device is not matching the body motion data the wearable device will compensate to recreate the body motion torque and angle).
Sankai does not expressly disclose that the electronic device determines the torque intensity based on the difference and a set gain to the wearable device.
However, Lim teaches of a walking assistance apparatus (fig. 1, 100) that assists walking by calculating a difference between a right hip joint angle and a left hip joint angle, multiplying the difference by a gain, and using the resulting state variable ([0118]-[0119]) to generate a torque profile ([0007]) and assisting each leg dependent on the torque profile ([0163]). Where the gain can be set by the user via a user interface ([0103]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Sankai with a user interface and program for allowing the user to adjust the gain of the device as taught by Lim to allow altering of the assistive force (Lim [0103]) which may provide more comfort, or controlling resistance provided by the device when training to enhance leg strength (Lim [0212]).
Regarding claim 4, the modified device of Sankai reads on the limitations of claim 1 and further reads on wherein the first movement information comprises a joint angle of the first user (Sankai [0020] states that the body motion data includes the joint angle of the user), wherein the second movement information comprises a joint angle of the second user (Sankai [0054] states that an angle control output torque makes equal a joint angle from the body motion data and a joint angle of the wearable device 20, see fig. 5), and wherein the first movement information of the first user is generated by sensing a movement of the first user in another wearable device worn by the first user located remotely (Sankai [0021] states that the body motion data is acquired and transmitted to the data managing apparatus, see fig. 1).
Regarding claim 6, the device of Sankai reads on the limitations of claim 1 and further reads on wherein the communication circuit (fig. 5, communicating device 28) is configured to transmit the second movement information of the second user to the electronic device ([0037] states that communicating device 28 is configured the same as communicating device 18 which is able to transmit movement information to an electronic device, see fig. 2).
Regarding claim 7, the device of Sankai reads on the limitations of claim 1 and further reads on an inertial measurement unit (IMU) sensor (fig. 5, biological signal detector 23) configured to acquire at least one of acceleration information, angular velocity information, or posture information of the second user ([0020] states body motion data includes a biological signal which can include acceleration, angular speed, and the center of gravity of the body), wherein the communication circuit is configured to transmit the at least one of the acceleration information, the angular velocity information, or the posture information to the electronic device (fig. 5, communicating device 28 is configured the same as communicating device 18 according to [0037], meaning body motion data can be transmitted to the data managing apparatus 2).
Regarding claim 8, Sankai discloses a remote training system (Sankai fig. 1) comprising: a server (Sankai fig. 1, data managing apparatus 2); a first wearable device configured to be worn on a first user (Sankai fig. 1, data acquiring apparatus 1 which is a wearable motion assisting apparatus according to [0007]); and a second wearable device configured to be worn on a second user (Sankai fig. 1, motion reproducing apparatus which is another wearable apparatus according to [0008]), wherein the first wearable device is further configured to: acquire first movement information of the first user (Sankai [0007] states that the acquiring apparatus acquires biological signal, rotation, and force information), and transmit the first movement information of the first user to the second wearable device through the server (Sankai fig. 1, body motion data, see [0007]-[0008], is sent from data acquiring apparatus 1 to the data managing apparatus 2 and finally to the motion reproducing apparatus 3), and wherein the second wearable device is further configured to: receive the first movement information of the first user through the server (Sankai fig. 5, device 20 receives body motion data from the data managing apparatus), acquire second movement information of the second user (Sankai [0008] states that a second biological signal detect, angular sensor, and torque sensor are used), calculate a difference between the first movement information of the first user and the second movement information of the second user (Sankai [0039] states that control device 26 calculates an output torque based on sensed data and the received body motion data in which the difference is inherently found when using the same equation to calculate torque in both cases), determine a torque intensity based on the difference (Sankai [0039] states an output torque is calculated based on the joint angles), determine the torque direction such that is the second movement information is greater than the first movement information, the torque direction indicates an opposite direction of a movement of the second user, and if the second movement information is less than the first movement information, the torque direction indicates a direction of the movement of the second user ([0054] states an angle control output torque and a force control output torque make the wearable device output a torque and joint angle to match the body motion data, therefore, if the user in the wearable device is not matching the body motion data the wearable device will compensate to recreate the body motion torque and angle), and output a torque corresponding to the a torque intensity ([0054] states that a force control output torque is a torque for making equal torque of the wearable device and the torque in the body motion data) and a torque direction ([0054] states an angle control output torque makes equal a joint angle of the wearable device and the joint angle in the body motion data) to the second user (Sankai [0008] states that an assist force is calculated on the basis of the assist control output and the angle control output).
Sankai does not expressly disclose that the electronic device determines the torque intensity based on the difference and a set gain to the wearable device.
However, Lim teaches of a walking assistance apparatus (fig. 1, 100) that assists walking by calculating a difference between a right hip joint angle and a left hip joint angle, multiplying the difference by a gain, and using the resulting state variable ([0118]-[0119]) to generate a torque profile ([0007]) and assisting each leg dependent on the torque profile ([0163]). Where the gain can be set by the user via a user interface ([0103]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Sankai with a user interface allowing the user to adjust the gain of the device as taught by Lim to allow altering of the assistive force (Lim [0103]) which may provide more comfort, or controlling resistance provided by the device when training to enhance leg strength (Lim [0212]).
Regarding claim 11, the modified device of Sankai reads on the limitations of claim 8 and further reads on wherein the first movement information comprises a joint angle of the first user (Sankai [0020] states that the body motion data includes the joint angle of the user), wherein the second movement information comprises a joint angle of the second user (Sankai [0054] states that an angle control output torque makes equal a joint angle from the body motion data and a joint angle of the wearable device 20, see fig. 5), and wherein the first movement information of the first user is generated by sensing a movement of the first user in another wearable device worn by the first user located remotely (Sankai [0021] states that the body motion data is acquired and transmitted to the data managing apparatus, see fig. 1).
Regarding claim 12, the system of Sankai reads on the limitations of claim 8 and further reads on wherein the second wearable device (fig. 1, motion reproducing apparatus 3) is connected to a first electronic device of the first user (fig. 1, data acquiring apparatus 1 includes fig. 2, communicating device 18 which are connected via data managing apparatus 2) to receive the first movement information of the first user from the first electronic device of the first user (fig. 1, motion reproducing apparatus 3 retrieves body motion data from communicating unit 2A), and wherein the second wearable device (fig. 5, 20) is connected to a second electronic device of the second user (fig. 5, the device 20 includes communicating device 28).
Regarding claim 15, Sankai reads on an operation method of a wearable device ([0007]-[0008]), the operation method comprising: receiving first movement information of a first user from a server or an electronic device ([0008] states that an assist control output torque is based on body motion data from a first unit); acquiring second movement information of the second user ([0008] states that a second biological signal detect, angular sensor, and torque sensor are used); calculating a difference between the first movement information and the second movement information ([0039] states that control device 26 calculates an output torque based on sensed data and the received body motion data in which the difference is inherently found when using the same equation to calculate torque in both cases); determining a torque intensity based on the difference ([0039] states an output torque is calculated based on the joint angles); determine the torque direction such that is the second movement information is greater than the first movement information, the torque direction indicates an opposite direction of a movement of the second user, and if the second movement information is less than the first movement information, the torque direction indicates a direction of the movement of the second user ([0054] states an angle control output torque and a force control output torque make the wearable device output a torque and joint angle to match the body motion data, therefore, if the user in the wearable device is not matching the body motion data the wearable device will compensate to recreate the body motion torque and angle); and controlling a motor of the wearable device to output a torque corresponding to the torque intensity and the torque direction ([0039] states that the output torque is sent to an actuator unit).
Sankai does not expressly disclose that the electronic device determines the torque intensity based on the difference and a set gain to the wearable device.
However, Lim teaches of a walking assistance apparatus (fig. 1, 100) that assists walking by calculating a difference between a right hip joint angle and a left hip joint angle, multiplying the difference by a gain, and using the resulting state variable ([0118]-[0119]) to generate a torque profile ([0007]) and assisting each leg dependent on the torque profile ([0163]). Where the gain can be set by the user via a user interface ([0103]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Sankai with a user interface and program for allowing the user to adjust the gain of the device as taught by Lim to allow altering of the assistive force (Lim [0103]) which may provide more comfort, or controlling resistance provided by the device when training to enhance leg strength (Lim [0212]).
9. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim as applied to claim 1 above, and further in view of Dean (US 2007/0260394) and Contreras-Vidal et al. (US 2019/0328604).
Regarding claim 2, the modified device of Sankai reads on the device of claim 1, and further reads on a battery (Sankai fig. 3, batteries 132 and 134) which is used to provide the drive units with power (Sankai [0046]), but does not expressly disclose a converter or a plurality of switches to control the motor to rotate in a direction to resist movements of the second user.
Regarding the use of switches to control the motor to rotate in a direction to resist movements of the second user, Dean teaches of the use of a drive motor that is controlled by a variable speed limiting circuit that includes relays which are electronic switches for reversing motor direction ([0080]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the drive units of Sankai with variable speed limiting circuits as taught by Dean to slow revolutions and allow slight directional tuning (Dean [0080]) to improve precision of the drive units.
Regarding the use of a converter when drawing power from the battery, Contreras-Vidal et al. teaches of a boost converter and battery management circuit which allows the converter to create a regulated 48V line for the DC motors ([0124]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the connection between the batteries and drive units of Sankai with the converter and management circuit as taught by Contreras-Vidal to allow the use of various batteries, such as a 12V, to power a 48V DC motor (Contreras-Vidal [0124]).
The modified device of Sankai reads on the instructions (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data), when executed individually or collectively by the at least one processor, cause the electronic device to: in response to the torque direction of the movement of the second user, control a converter to draw power corresponding to the torque intensity from a battery (Contreras-Vidal [0124] states converters can allow a 12V battery to be converted to a regulated 48V which are used by brushless DC motors), and turn on one or more switches, among a plurality of switches of the motor driver circuit and turn off remaining switches, among a plurality of switches (Dean [0080] states that relays can be used to switch rotational directions for forward and reverse states of a drive motor), to control the motor to rotate in the torque direction to output the torque that resists a movement of the second user (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data, therefore if a user is providing force greater than the body motion data, making the angles and forces equal would require resistance).
Regarding claim 3, the modified device of Sankai reads on the device of claim 1, and further reads on a battery (Sankai fig. 3, batteries 132 and 134) which is used to provide the drive units with power (Sankai [0046]), but does not expressly disclose a converter or a plurality of switches to control the motor to rotate in a direction to resist movements of the second user.
Regarding the use of switches to control the motor to rotate in a direction to resist movements of the second user, Dean teaches of the use of a drive motor that is controlled by a variable speed limiting circuit that includes relays which are electronic switches for reversing motor direction ([0080]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the drive units of Sankai with variable speed limiting circuits as taught by Dean to slow revolutions and allow slight directional tuning (Dean [0080]) to improve precision of the drive units.
Regarding the use of a converter when drawing power from the battery, Contreras-Vidal et al. teaches of a boost converter and battery management circuit which allows the converter to create a regulated 48V line for the DC motors ([0124]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the connection between the batteries and drive units of Sankai with the converter and management circuit as taught by Contreras-Vidal to allow the use of various batteries, such as a 12V, to power a 48V DC motor (Contreras-Vidal [0124]).
The modified device of Sankai reads on the instructions (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data), when executed individually or collectively by the at least one processor, cause the electronic device to: in response to the torque direction of the movement of the second user, control a converter to draw power corresponding to the torque intensity from a battery (Contreras-Vidal [0124] states converters can allow a 12V battery to be converted to a regulated 48V which are used by brushless DC motors), and turn on one or more switches, among a plurality of switches of the motor driver circuit and turn off remaining switches, among a plurality of switches (Dean [0080] states that relays can be used to switch rotational directions for forward and reverse states of a drive motor), to control the motor to rotate in the torque direction to output the torque that assists a movement of the second user (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data, therefore if a user is providing force less than the body motion data, making the angles and forces equal would require assistance).
10. Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim as applied to claim 8 above, and further in view of Dean and Contreras-Vidal.
Regarding claim 9, the modified device of Sankai reads on the limitations of claim 8 and further reads on a battery (Sankai fig. 3, batteries 132 and 134) which is used to provide the drive units with power (Sankai [0046]), but does not expressly disclose a converter or a plurality of switches to control the motor to rotate in a direction to resist movements of the second user.
Regarding the use of switches to control the motor to rotate in a direction to resist movements of the second user, Dean teaches of the use of a drive motor that is controlled by a variable speed limiting circuit that includes relays which are electronic switches for reversing motor direction ([0080]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the drive units of Sankai with variable speed limiting circuits as taught by Dean to slow revolutions and allow slight directional tuning (Dean [0080]) to improve precision of the drive units.
Regarding the use of a converter when drawing power from the battery, Contreras-Vidal et al. teaches of a boost converter and battery management circuit which allows the converter to create a regulated 48V line for the DC motors ([0124]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the connection between the batteries and drive units of Sankai with the converter and management circuit as taught by Contreras-Vidal to allow the use of various batteries, such as a 12V, to power a 48V DC motor (Contreras-Vidal [0124]).
The modified device of Sankai reads on the instructions (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data), when executed individually or collectively by the at least one processor, cause the electronic device to: in response to the torque direction of the movement of the second user, control a converter to draw power corresponding to the torque intensity from a battery (Contreras-Vidal [0124] states converters can allow a 12V battery to be converted to a regulated 48V which are used by brushless DC motors), and turn on one or more switches, among a plurality of switches of the motor driver circuit and turn off remaining switches, among a plurality of switches (Dean [0080] states that relays can be used to switch rotational directions for forward and reverse states of a drive motor), to control the motor to rotate in the torque direction to output the torque that resists a movement of the second user (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data, therefore if a user is providing force greater than the body motion data, making the angles and forces equal would require resistance).
Regarding claim 10, the modified device of Sankai reads on the device of claim 8, and further reads on the second wearable device is configured to identify a gain for increasing torque intensity (Lim [0103] states a gain can be set for altering assistive/resistive torque), determine the torque intensity using the gain and the difference (Sankai [0039] states that control device 26 calculates an output torque based on sensed data and the received body motion data in which the difference is inherently found when using the same equation to calculate torque in both cases), determine a torque direction to be a same direction as a direction in which the second user moves (Sankai [0054] states an angle control output torque which makes equal a joint angle of the wearable device and the body motion data which requires knowing the joint angle, see fig. 5, joint angle detector 24), and a battery (Sankai fig. 3, batteries 132 and 134) which is used to provide the drive units with power (Sankai [0046]), but does not expressly disclose a converter or a plurality of switches to control the motor to rotate in a direction to resist movements of the second user.
Regarding the use of switches to control the motor to rotate in a direction to resist movements of the second user, Dean teaches of the use of a drive motor that is controlled by a variable speed limiting circuit that includes relays which are electronic switches for reversing motor direction ([0080]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the drive units of Sankai with variable speed limiting circuits as taught by Dean to slow revolutions and allow slight directional tuning (Dean [0080]) to improve precision of the drive units.
Regarding the use of a converter when drawing power from the battery, Contreras-Vidal et al. teaches of a boost converter and battery management circuit which allows the converter to create a regulated 48V line for the DC motors ([0124]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the connection between the batteries and drive units of Sankai with the converter and management circuit as taught by Contreras-Vidal to allow the use of various batteries, such as a 12V, to power a 48V DC motor (Contreras-Vidal [0124]).
The modified device of Sankai reads on the instructions (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data), when executed individually or collectively by the at least one processor, cause the electronic device to: in response to the torque direction of the movement of the second user, control a converter to draw power corresponding to the torque intensity from a battery (Contreras-Vidal [0124] states converters can allow a 12V battery to be converted to a regulated 48V which are used by brushless DC motors), and turn on one or more switches, among a plurality of switches of the motor driver circuit and turn off remaining switches, among a plurality of switches (Dean [0080] states that relays can be used to switch rotational directions for forward and reverse states of a drive motor), to control the motor to rotate in the torque direction to output the torque that assists a movement of the second user (Sankai [0054] states an angle, output torque are calculated to make equal the wearable apparatus with the body motion data, therefore if a user is providing force less than the body motion data, making the angles and forces equal would require assistance).
11. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim as applied to claim 1 above, and further in view of Joutras (US 2012/0142416).
Regarding claim 5, the modified device of Sankai reads on the limitations of claim 1 and further reads on that the data acquiring apparatus can be a motion capture apparatus ([0079]), but does not expressly disclose the first movement information comprises image data, audio data, and movement information generated in another wearable device worn by the first user.
However, Joutras teaches of a simulated exercise system which provides non-tactile and tactile stimuli ([0028]) which comprises visual or sound stimuli that is synchronized to the movement data via a program within a microprocessor ([0029]) and are provided to the user with a viewing screen and headphones or speakers ([0075]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to additionally provide the device of Sankai with visual and audio stimuli provided via a viewing screen and speaker and the program to synchronize the visual and audio stimuli to the motion data provided to the second user as taught by Joutras to coordinate the user which aids movements and prevents undesired movements during therapy or exercise (Joutras [0036]).
12. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim as applied to claim 12 above, and further in view of Daley et al. (US 2019/0021934).
Regarding claim 13, the modified system of Sankai reads on the limitations of claim 12 and wherein the first electronic device of the first user (Sankai fig. 2, communicating device 18) is configured to transmit the first movement information of the first user to the server (Sankai fig. 2, communicating device 18 provides body motion data to data managing apparatus 2), and transmit the first movement information of the first user to the second wearable device (Sankai [0008] states that the second wearable device uses the body motion data to provide an assist force). Sankai does not expressly disclose the first movement information comprises image data, audio data, and movement information generated in another wearable device worn by the first user.
However, Daley teaches of a system for augmenting the motion of a person including an assistance apparatus (abstract) which can be used in telepresence-based training or therapy applications ([0040]) where the student mimics the instructor and the sensor readings are compared when assisting the student ([0040]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified system of Sankai with the program to allow mimicking of an instructor as taught by Daley to allow telepresence-based or long-distance training/therapy visits.
Regarding facilitating the telepresence visits, Lim teaches of a walking assistance system (fig. 20, 1900) with an electronic device (fig. 20, 1930) that can be a smartphone.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified system of Sankai with a smartphone as taught by Lim to facilitate the telepresence-based visits (Daley [0040]).
The modified device of Sankai reads on the first electronic device of the first user is configured to transmit image data and audio data generated by capturing a movement of the first user (Lim [0196] the smartphone allows image and audio capturing for telepresence visits of Daley [0040], where Sankai fig. 2 shows the capturing of body motion data by a wearable motion assisting apparatus 10) to the server, and the movement information of the first user received from the first electronic device of the first user and transmit the image data, audio data, and movement information of the first user to the second electronic device of the second user (Daley [0040] the telepresence visits communicate the video and audio data Sankai [0008] states that the second wearable device provides the movement information), and wherein the second electronic device of the second user is configured to output the image data and the audio data received from the server (Lim [0196] the smartphone is able to transmit video and audio data).
The modified system of Sankai does not expressly disclose the video and audio data being temporally synced.
However, Joutras teaches of a simulated exercise system which provides non-tactile and tactile stimuli ([0028]) which comprises visual or sound stimuli that is synchronized to the movement data via a program within a microprocessor ([0029]) and are provided to the user with a viewing screen and headphones or speakers ([0075]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to additionally provide the device of Sankai with visual and audio stimuli provided via a viewing screen and speaker and the program to synchronize the visual and audio stimuli to the motion data provided to the second user as taught by Joutras to coordinate the user which aids movements and prevents undesired movements during therapy or exercise (Joutras [0036]).
13. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim and Joutras.
Regarding claim 14, the device of Sankai reads on a streaming-based training system (fig. 1, motion reproducing apparatus receives data from communicating unit 2A) comprising:
a server (Sankai fig. 1, data managing apparatus 2 functions as a server because it provides access to a centralized service in a network, see Sankai [0023]) configured to stream first movement information (Sankai fig. 5, body motion data) of a first user to an electronic device of a second user (Sankai fig. 5, wearable device 20 receives the body motion data); and
a wearable device connected to the electronic device (Sankai fig. 5, device 20), the wearable device is configured to:
receive the first movement information of the first user from the electronic device (Sankai fig. 5, device 20 includes communicating device 28 which receives body motion data from the data managing apparatus 2),
acquire second movement information of the second user (Sankai [0008] states that a second biological signal detect, angular sensor, and torque sensor are used),
calculate a difference between the second movement and the first movement information (Sankai [0039] states an output torque is calculated based on a difference between the body motion data received and the body motion data measured),
determine a torque intensity based on the difference (Sankai [0039] inherently determines torque intensity based on the difference when compared the received and measured body motion data),
determine the torque direction such that is the second movement information is greater than the first movement information, the torque direction indicates an opposite direction of a movement of the second user, and if the second movement information is less than the first movement information, the torque direction indicates a direction of the movement of the second user ([0054] states an angle control output torque and a force control output torque make the wearable device output a torque and joint angle to match the body motion data, therefore, if the user in the wearable device is not matching the body motion data the wearable device will compensate to recreate the body motion torque and angle), and
output a torque corresponding to the torque intensity to the second user ([0039] states that the output torque is sent to an actuator unit).
Sankai does not expressly disclose that the electronic device determines the torque intensity based on the difference and a set gain to the wearable device.
However, Lim teaches of a walking assistance apparatus (fig. 1, 100) that assists walking by calculating a difference between a right hip joint angle and a left hip joint angle, multiplying the difference by a gain, and using the resulting state variable ([0118]-[0119]) to generate a torque profile ([0007]) and assisting each leg dependent on the torque profile ([0163]). Where the gain can be set by the user via a user interface ([0103]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Sankai with a user interface and program for allowing the user to adjust the gain of the device as taught by Lim to allow altering of the assistive force (Lim [0103]) which may provide more comfort, or controlling resistance provided by the device when training to enhance leg strength (Lim [0212]).
Sankai does not expressly disclose the first movement information comprises image data, audio data, and movement information generated in another wearable device worn by the first user.
However, Joutras teaches of a simulated exercise system which provides non-tactile and tactile stimuli ([0028]) which comprises visual or sound stimuli that is synchronized to the movement data via a program within a microprocessor ([0029]) and are provided to the user with a viewing screen and headphones or speakers ([0075]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to additionally provide the device of Sankai with visual and audio stimuli provided via a viewing screen and speaker and the program to synchronize the visual and audio stimuli to the motion data provided to the second user as taught by Joutras to coordinate the user which aids movements and prevents undesired movements during therapy or exercise (Joutras [0036]).
The further modified device of Sankai reads on a server configured to stream content comprising image data and audio data related to an exercise (Joutras [0029] visual and sound stimuli synchronized to resistance data) of a first user to an electronic device of a second user (Sankai fig. 5, wearable device 20 receives the body motion data, and Joutras [0075] states that visual and audio data can be provided via a screen and speakers).
14. Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai in view of Lim as applied to claim 1 above, and further in view of Daley.
Regarding claim 16, the modified device of Sankai reads on the limitations of claim 1 and further reads on the communication circuit is further configured to receive the first movement information of the first user (fig. 5, communicating device 28 is shown receiving body motion data from data managing apparatus 2), but does not expressly disclose that the communication circuit is configured to receive video or audio information.
However, Daley teaches of a system for augmenting the motion of a person including an assistance apparatus (abstract) which can be used in telepresence-based training or therapy applications ([0040]) where the student mimics the instructor and the sensor readings are compared when assisting the student ([0040]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with the program to allow mimicking of an instructor as taught by Daley to allow telepresence-based or long-distance training/therapy visits.
Regarding facilitating the telepresence visits, Lim teaches of a walking assistance system (fig. 20, 1900) with an electronic device (fig. 20, 1930) that can be a smartphone.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with a smartphone as taught by Lim to facilitate the telepresence-based visits (Daley [0040]).
The modified device of Sankai reads on the communication circuit being configured to receive video or audio information (Daley [0040] states the exercise/therapy visits are telepresence-based)
Regarding claim 17, the modified device of Sankai reads on the limitations of claim 16 and further reads on at least one of the video information and the audio information of the first user is associated with the first movement information of the first user (Daley [0040] states the student tries to mimic the instructor during the telepresence visit, meaning the transmitted data includes video and audio data to facilitate the telepresence visit)
Regarding claim 18, the modified device of Sankai reads on the limitations of claim 16 and further reads on the processor is further configured to output the at least one of the video information and audio information of the first user (Daley [0040] states the instructor information is transmitted, and during a telepresence visit, includes the video and audio information to allow the student to mimic the motions) while the motor driver circuit outputs the torque corresponding to the torque intensity through the motor (Sankai [0054] states that the wearable device angle and torque is made equal to the received body motion data).
Regarding claim 19, the modified device of Sankai reads on the limitations of claim 1, but does not expressly disclose that the first movement information is a real-time movement of the first user.
However, Daley teaches of a system for augmenting the motion of a person including an assistance apparatus (abstract) which can be used in telepresence-based training or therapy applications ([0040]) where the student mimics the instructor and the sensor readings are compared when assisting the student ([0040]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with the program to allow mimicking of an instructor as taught by Daley to allow telepresence-based or long-distance training/therapy visits.
Regarding facilitating the telepresence visits, Lim teaches of a walking assistance system (fig. 20, 1900) with an electronic device (fig. 20, 1930) that can be a smartphone.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with a smartphone as taught by Lim to facilitate the telepresence-based visits (Daley [0040]).
The modified device of Sankai reads on the first movement information is a real-time movement of the first user (Daley [0040] states the instructor is wearing the sensors during a telepresence-based training) and the second movement information is a real-time movement of the second user (Daley [0040] states that the student is mimicking the movements of the instructor during the telepresence-based visit).
Regarding claim 20, the modified device of Sankai reads on the limitations of claim 1 and further reads on the body motion data received is from a server (Sankai fig. 5), but does not expressly disclose that the first movement information is obtained as streaming content in real-time.
However, Daley teaches of a system for augmenting the motion of a person including an assistance apparatus (abstract) which can be used in telepresence-based training or therapy applications ([0040]) where the student mimics the instructor and the sensor readings are compared when assisting the student ([0040]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with the program to allow mimicking of an instructor as taught by Daley to allow telepresence-based or long-distance training/therapy visits.
Regarding facilitating the telepresence visits, Lim teaches of a walking assistance system (fig. 20, 1900) with an electronic device (fig. 20, 1930) that can be a smartphone.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Sankai with a smartphone as taught by Lim to facilitate the telepresence-based visits (Daley [0040]).
The modified device of Sankai reads on the first movement information is obtained as streaming content in real-time (Daley [0040] states that the student mimics the instructor during a telepresence-based visit which inherently requires streaming content for the user to see the instructor movements).
Response to Arguments
15. Applicant's arguments filed January 28, 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that the term “electronic device” is not modified by functional language and therefore the interpretation under 112f is improper as presented on page 13 paragraphs 1-3 under “Remarks”, however, the claim recites “a communication circuit configured to receive first movement information of a first user from a server or an electronic device” suggests that the electronic device is for providing the received first movement information and is therefore being modified by functional language.
In response to applicant’s argument that it is not necessary for the device of Sankai to calculate a difference between the second movement information and the first movement information on page 15 paragraph 3 under “Remarks”,
16. Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakashima et al. (US 2013/0006159) discloses a leg assist device which computes a target torque by multiplying a gain with a difference between a target leg angle and the angle of the lower leg link.
18. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785