DETAILED ACTION
This Office Action is in response to the filing of a Request for Continued Examination (RCE) filed 8/05/2026. As per the amendments, claims 1 and 18-19 have been amended, claim 21 has been added, and no claims have been cancelled. Thus, claims 1-21 are pending in the application.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/05/2026 has been entered.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on 2021-10-15. It is noted, however, that applicant has not filed a certified copy of the 10-2021-0137285 application as required by 37 CFR 1.55. Examiner notes that the attempt to retrieve the document failed as per the request of 5/13/2026.
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.
Claims 1-11, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US Pub. 2020/0214925) in view of Kumeno et al. (US Pat. 10,710,237) in view of Jang et al. (US Pub. 2019/0083002) in view of Choi et al. (US Pub. 2017/0027801).
Regarding claim 1, Lim discloses an electronic device (see walking assist device 200 in Fig. 2), comprising: at least one processor, comprising processing circuitry, configured to control the electronic device (controller 220 in Fig. 2; see also [0062] where it performs the processing, and has circuitry), wherein the at least one processor is individually and/or collectively configured to: receive target exercise information from the user of the electronic device (see [0066]-[0068] where the controller receives data based on the gait of the user, the current gait being part of a target walking exercise), the target exercise information including target exercise time information for the exercise and target exercise section information (see [0067]-[0068] where a time delay based on the walking cycle is used by the controller, and data from the targeted walk cycle gait is also collected, such as acceleration); determine an optimal value of a control parameter for a motor of a wearable device to be worn by the user, the optimal value of the control parameter meeting preset target values of assessment items based on at least one of the target exercise time information the target exercise section information and based on current values of gait assessment items (see [0071] and [0093] where the applied torque is optimized based on the gait data, the torque coming from a motor as seen in [0030]; and see [0113] where the optimization of the torque can include a learner which is able to adjust when the assist torque signal is applied which is adjusting the time delay of the torque (target exercise time). Further see [0116] where the optimization of torque can include adjusting the torque control signal base on which leg requires assistance (target exercise section)), the control parameter comprising a parameter for adjusting at least one of a magnitude of torque generated by the motor, and timing of torque generated by the motor (see [0067] where the parameters sent to the controller are used to adjust both the time delay and intensity of the torque); acquire at least one recommended exercise program based on the optimal value of the control parameter (see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise, utilizing the time delay and intensity of the torque); determine a target exercise program among the at least one recommended exercise program (see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise, which is then the target exercise based on the recommendation from the optimized torque); control transmission of information regarding the target exercise program to the wearable device worn by the user (see Fig. 2 and [0068] where data from the sensor 240 is transmitted to the controller 220 in order to determine and operate the target exercise program), the target exercise program configured to be executed by the wearable device to control the motor while the wearable device is worn by the user (see Fig. 2 and [0065] where driver 250 of the walking assist device 200 executes the torque determined by the controller); receive sensing information from the wearable device based on execution of the target exercise program while the user is executing the target exercise program (see [0069] where the sensed first state variable is used to determine a gait phase via the controller 220).
Lim lacks a detailed description of the target exercise being an exercise that is to be executed by a user.
However, Kumeno teaches a torque assisting wearable device, where an optimal value of the assist torque is able to be determined by taking into consideration the type of motion that the user is planning to undertake (see Col. 18 line 57 to Col. 19 line 6, Col. 19 lines 20-27, and Col. 20 lines 29-55 where a motion kind determination unit is able to determination the kind of motion of the user, based on related torque information, to then optimize the applied torque).
Therefore 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 target exercise of Lim to be an intended exercise determined by a motion kind determination system as taught by Kumeno, as it would allow for the applied torque to be adjusted based on the type of motion the user is attempting to undergo. It is understood that the modified Lim device, in light of Kumeno, determines a target exercise program to be the determined user motion, which is to be executed by the user.
The modified Lim device lacks a detailed description of a communication module, comprising communication circuitry, configured to exchange data with an external device. It is understood that Lim has some means of communicating between the components (see Fig. 2 where sensor 240, control device 210, controller 220, memory 230, and driver 250 communicate with one another).
However, Jang teaches a gait monitoring and assisting device, where a communicator is used to communicate between the components, and is made of circuitry (see [0088], which can be a server as seen in [0037]).
Therefore 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 control systems of the modified Lim device to include a communicator as taught by Jang, as it would provide a structure for the data to be sent back and forth from the sensor, controller, and driver in order to operate the device.
The modified Lim device lacks a detailed description of the processor controlling a speaker, a display, or a haptic device to provide to the user feedback information based on the sensing information.
However, Choi teaches a walking assistance device, where a display can be provided that provides feedback to the user regarding the operational status of the device (see [0071]-[0073]).
Therefore 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 control system of the modified Lim device to include a display for showing the operational status and other variables of the walking device as taught by Choi, as it would provide a visual representation to the user/ practitioner regarding the operation of the device, for better control and to help alter the device as needed.
Regarding claim 2, the modified Lim device has wherein the gait assessment items comprise one or more of a gait speed (Lim; see [0068] where the speed of the gait is used as a parameter for controlling a time delay).
Regarding claim 3, the modified Lim device has wherein the processor is configured to acquire the current values of the gait assessment items based on previous sensing information acquired while the user performs a previous exercise program (Lim; see [0070] and [0093] where a previously used “learning mode” is used to configure the gait parameters during normal operation).
Regarding claim 4, the modified Lim device has wherein the processor is configured to: control transmission of information regarding a test exercise program for acquiring the current values of the gait assessment items to the wearable device (Lim; see [0070] and [0093] the learning mode results are used to configure the gait parameters during normal operation, so as to adjust the torque of the wearable device); receive test sensing information upon execution of the test exercise program from the wearable device (Lim; see [0093] where the information from the learning mode is received by the control device and controller during normal operation); and acquire the current values of the gait assessment items based on the test sensing information (Lim; see [0085] and [0093] where the previous learning mode sessions are used for set the operation of the current gait cycle during normal operation).
Regarding claim 5, the modified Lim device has wherein the processor is configured to determine the optimal value of the control parameter such that the target values of the gait assessment items are satisfied within a range that satisfies a set objective function (Lim; see [0071] where the processor determines an optimal torque value, which is understood to satisfy the desired gait conditions that the device sets out to accomplish).
Regarding claim 6, the modified Lim device has wherein the processor is configured to: control transmission of the optimal value of the control parameter to a server (Jang; see [0037] and [0091] where the communication is done with a server that receives and operates the state information of the gait cycle); and receive, from the server, one or more recommended exercise program determined by the server based on the optimal value of the control parameter (Jang; see [0091] where the server uses data to create a personalized gait policy and send it to the processor to operate the exercise program).
Regarding claim 7, the modified Lim device has wherein the processor is configured to determine a recommended exercise program corresponding to the optimal value (Lim; see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise).
The modified Lim device lacks a detailed description of wherein the processor is configured to determine one or more recommended exercise program corresponding to the optimal value among a plurality of stored exercise programs.
However, Jang further teaches where the processor can compare multiple gait policies to one another, and pick the policy that is most suitable for the user (see [0146]).
Therefore 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 gait policy of the processor of the modified Lim device to compare policies and choose the best one as taught by Jang, as it would help ensure that the current gait policy selected is the most suitable one for the user (Jang; see [0146]).
Regarding claim 8, the modified Lim device has wherein the processor is configured to determine the one or more recommended exercise program corresponding to the optimal value among the plurality of stored exercise programs based on a history of exercise programs performed by the user (Jang; see [0146] where the selected policy is determined by a comparison between it and previous policies, in order to find the most suitable one).
Regarding claim 9, the modified Lim device has wherein the information on the target exercise program comprises a value of the control parameter during a target exercise time (Lim; see Fig. 2 and [0068] where data from the sensor 240 is transmitted to the controller 220 in order to determine and operate the target exercise program, which is collected during the gait cycle exercise time).
Regarding claim 10, the modified Lim device has wherein the processor is configured to: determine whether the target values of the assessment items are being satisfied based on the sensing information (Lim; see [0085] and [0088] where the torque is adjusted based on the gait data, in order to make sure the applied torque satisfies the desired operation); in response to the target values being not satisfied, determine a requested action to satisfy the target values (Lim; see [0085] and [0088] where the torque is adjusted based on the gait data, to ensure that a not satisfactory level of torque is adjusted to become satisfactory); and provide the feedback information including the requested action to the user (Lim; see [0085] and [0088] where the applied torque adjustment is a feedback that is felt by the user).
Regarding claim 11, the modified Lim device has wherein the processor is configured to transmit the feedback information to an additional electronic device (Jang; see [0037] and [0091] where the communication is done with a server that receives and operates the state information of the gait cycle), and wherein the feedback information is configured to be output by the additional electronic device (Jang; see [0037] and [0091] where the communication is done with a server, the server able to output the torque adjustment).
Regarding claim 13, the modified Lim device has wherein the processor collects the sensing information.
The modified Lim device lacks a detailed description of wherein the processor is configured to receive a heart rate of the user from the additional electronic device as at least part of the sensing information.
However, Jang further teaches one of the collected bio-signals for the device being heart rate (see [0170]).
Therefore 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 sensor system of the modified Lim device to gather heart rate data as taught by Jang, as it would give additional data of the status of the user to better control the gait cycle and personalize it to the capabilities of the user.
Regarding claim 14, the modified Lim device has wherein the target exercise section information comprises information on a start point, an end point, and detailed routes between the start point and the end point (Lim; see [0020] and [0053] where the current gait phase of the gait cycle is monitored, across each gait cycle, such that each gait cycle has a first phase (start), a last phase (end), and the discrete phase steps between the first and last phase).
Regarding claim 15, the modified Lim device has the gait based on normal performance of the target exercise program (Lim; see [0070] and [0093] where a previously used “learning mode” is used to configure the gait parameters during normal operation).
The modified Lim device lacks a detailed description of wherein an expected gait age is to be provided to the user based on normal performance of the target exercise program.
However, Choi further teaches a walking monitoring and adjustment system, where the age of the user affects the gait of the operational cycle of the device (see [0083] where the user information includes the age of the user, for controlling the exercise done via the device).
Therefore 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 inputted data and adjustments done by the processor of the modified Lim device to include age information for the operational control as taught by Choi, as it would ensure that the operational parameters are appropriate for the age of the user, and consistent with their heart characteristics (Choi; see [0083]).
Regarding claim 16, the modified Lim device has wherein the target values of the gait assessment items are to be set based on a target exercise objective to be selected by the user from among a plurality of exercise objectives (Lim; see [0053] and [0055] where the gait characteristics of the user are determined via a plurality of personalized values from the user, such as muscular strength, such that each control policy selected is a personalized and targeted objective).
Regarding claim 17, the modified Lim device has wherein the plurality of exercise objectives comprises two or more of improving gait ability and improving muscular strength (Lim; see [0052] and [0056] where the system is designed to improve the stability of a person’s gait, as well as assist those with weaker muscles, thereby strengthening muscles through use).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Kumeno in view of Jang in view of Choi as applied to claim 11 above, and further in view of Kare et al. (US Pub. 2014/0276262).
Regarding claim 12, the modified Lim device has the additional electronic device.
The modified Lim device lacks a detailed description of wherein the additional electronic device is any one of: an earphone, a glasses-type electronic device, or a watch-type electronic device.
However, Kare teaches a leg locomotion monitoring system, where an external device that can be a watch, is used to receive feedback from the system (see [0034] and [0036]).
Therefore 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 output of the modified Lim device to be sent to an external device, such as a watch, as taught by Kare, as it would provide the user with easy access to the data and controls of the device during locomotion (Kare; see [0034] and [0036]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Kumeno in view of Jang in view of Choi as applied to claim 1 above, and further in view of Ozsecen et al. (US Pub. 2019/0160321).
Regarding claim 21, the modified Lim device has a target exercise program with target exercise section information, and optimized torque based thereon.
The modified Lim device lacks a detailed description of the target exercise section information includes an exercise route, and the optimal value of the control parameter is based on topographic information on the exercise route.
However, Ozsecen teaches a similar wearable device for torque-based assistance, where target exercise section information includes an exercise route (see [0050] and [0092] where a mode selection for the activity can include adjusted based on uneven terrain or other topography), and the optimal value of the control parameter is based on topographic information on the exercise route (see [0092] where the torque profile is adjusted based on the topography).
Therefore 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 torque exercise section information and torque optimization of the modified Lim device to use and adjust based on terrain and topography as taught by Ozsecen, as it would allow for the device to compensate for different movements along uneven terrain, to properly adjust the walking speed and torque for safe and proper gait.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Kumeno in view of Jang.
Regarding claim 18, Lim discloses a method performed by an electronic device (see walking assist device 200 in Fig. 2), the method comprising: receiving target exercise information from a user of the electronic device (see [0066]-[0068] where the controller receives data based on the gait of the user), the target exercise information including target exercise time information and target exercise section information (see [0068] where a time delay based on the walking cycle is used, and data from the targeted walk cycle gait is also collected, such as acceleration); determining an optimal value of a control parameter for a motor of a wearable device to be worn by the user, the optimal value of the control parameter meeting preset target values of gait assessment items based on at least one of the target exercise time information and the target exercise section information and based on current values of the gait assessment items (see [0071] and [0093] where the applied torque is optimized based on the gait data, the torque coming from a motor as seen in [0030]; and see [0113] where the optimization of the torque can include a learner which is able to adjust when the assist torque signal is applied which is adjusting the time delay of the torque (target exercise time). Further see [0116] where the optimization of torque can include adjusting the torque control signal base on which leg requires assistance (target exercise section)), the control parameter adjusting at least one of a magnitude of torque generated by the motor, and timing of torque generated by the motor (see [0067] where the parameters sent to the controller are used to adjust both the time delay and intensity of the torque); acquiring a recommended exercise programs based on the optimal value of the control parameter (see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise, utilizing the time delay and intensity of the torque); determining a target exercise program (see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise, which is then the target exercise based on the recommendation from the optimized torque); transmitting information on the target exercise program to the wearable device of the user while worn by the user (see Fig. 2 and [0068] where data from the sensor 240 is transmitted to the controller 220 in order to determine and operate the target exercise program); receiving sensing information from the wearable device regarding execution of the target exercise program at the wearable device while the user is executing the target exercise program (see [0069] where the sensed first state variable is used to determine a gait phase via the controller 220); and providing feedback information to the user based on the sensing information (see [0070] where the torque adjustment is a feedback sent to the user, based on the gait cycle and phase of the gait that is sensed).
Lim lacks a detailed description of the target exercise being an exercise that is to be executed by a user.
However, Kumeno teaches a torque assisting wearable device, where an optimal value of the assist torque is able to be determined by taking into consideration the type of motion that the user is planning to undertake (see Col. 18 line 57 to Col. 19 line 6, Col. 19 lines 20-27, and Col. 20 lines 29-55 where a motion kind determination unit is able to determination the kind of motion of the user, based on related torque information, to then optimize the applied torque).
Therefore 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 target exercise of Lim to be an intended exercise determined by a motion kind determination system as taught by Kumeno, as it would allow for the applied torque to be adjusted based on the type of motion the user is attempting to undergo. It is understood that the modified Lim device, in light of Kumeno, determines a target exercise program to be the determined user motion, which is to be executed by the user.
The modified Lim device lacks a detailed description of acquiring a plurality of recommended exercise programs based on the optimal value of the control parameter, and determining a target exercise program among the plurality of exercise programs.
However, Jang further teaches where the processor can compare multiple gait policies to one another, and pick the policy that is most suitable for the user (see [0146]).
Therefore 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 gait policy of the processor of the modified Lim device to compare policies and choose the best one as taught by Jang, as it would help ensure that the current gait policy selected is the most suitable one for the user (Jang; see [0146]).
Regarding claim 19, Lim discloses at least one processor, comprising processing circuitry (controller 220 in Fig. 2; see also [0062] where it performs the processing), configured to: receive an optimal value of a control parameter from an electronic device for a motor of a wearable device to be worn by the user (see [0071] and [0093] where the applied toque is optimized based on the gait data, the torque coming from a motor as seen in [0030]), the control parameter being a parameter for adjusting at least one of a magnitude of torque generated by the motor, and timing of torque generated by the motor (see [0067] where the parameters sent to the controller are used to adjust both the time delay and intensity of the torque), determine at least one recommended exercise program from the exercise program stored in the controller based on the optimal value of the control parameter (see [0071] and [0093] where the optimal torque control mode is a recommended program for the exercise, which is then the target exercise based on the recommendation from the optimized torque); and transmit the at least one recommended exercise program to the electronic device (see Fig. 2 and [0068] where data from the sensor 240 is transmitted to the controller 220 in order to determine and operate the target exercise program).
Lim lacks a detailed description of the target exercise being an exercise that is to be executed by a user.
However, Kumeno teaches a torque assisting wearable device, where an optimal value of the assist torque is able to be determined by taking into consideration the type of motion that the user is planning to undertake (see Col. 18 line 57 to Col. 19 line 6, Col. 19 lines 20-27, and Col. 20 lines 29-55 where a motion kind determination unit is able to determination the kind of motion of the user, based on related torque information, to then optimize the applied torque).
Therefore 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 target exercise of Lim to be an intended exercise determined by a motion kind determination system as taught by Kumeno, as it would allow for the applied torque to be adjusted based on the type of motion the user is attempting to undergo. It is understood that the modified Lim device, in light of Kumeno, determines a target exercise program to be the determined user motion, which is to be executed by the user.
The modified Lim lacks a detailed description of a server comprising a communication module, comprising communication circuitry, configured to exchange data with an external device, and acquiring a plurality of recommended exercise programs based on the optimal value of the control parameter. It is understood that Lim has some means of communicating between the components (see Fig. 2 where sensor 240, control device 210, controller 220, memory 230, and driver 250 communicate with one another).
However, Jang teaches a gait monitoring and assisting device, where a communicator is used to communicate between the components, and is made of circuitry (see [0088], which can be a server as seen in [0037]), and where the processor can compare multiple gait policies to one another, and pick the policy that is most suitable for the user (see [0146]).
Therefore 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 control systems of the modified Lim device to include a communicator and gait selection criteria as taught by Jang, as it would provide a structure for the data to be sent back and forth from the sensor, controller, and driver in order to operate the device, as well as ensure that the current gait policy selected is the most suitable one for the user (Jang; see [0146]).
Regarding claim 20, the modified Lim device has wherein the processor is configured to determine the at least one recommended exercise program corresponding to the optimal value among the plurality of stored exercise programs based on a history of exercise programs performed by a user (Jang; see [0146] where the selected policy is determined by a comparison between it and previous policies, in order to find the most suitable one).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 18-19 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record. Specifically, newly applied teaching reference Kumeno is now applied to claims 1 and 18-19 to teach an intended target exercise motion, and adjusting the torque to meet the intended target exercise. Further, teaching reference Ozsecen is relied upon to teach the limitations of new claim 21.
For the reasons above, the rejections hold.
Conclusion
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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