DETAILED ACTION
This Office Action is in response to the filing of amendments to the claims on 12/19/2025. As per the amendments, claims 1, 12, and 20-22 have been amended, and no claims have been added or cancelled. Thus, claims 1-22 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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on 2022-01-11. It is noted, however, that applicant has not filed a certified copy of the 10-2022-0143773 application as required by 37 CFR 1.55. It is further noted that the requested document retrieval of the USPTO on 10/22/2025 was unsuccessful as on 10/24/2025.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6, 8-13, and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is directed to an electronic device that 1) exchanges data, 2) makes determinations regarding raw data and operational parameters, 3) generates sensed data from raw data, 4) determines outputted values and operational parameters based on the sensed data, and 5) control a device based on the determined output.
The claim is considered to be directed towards the abstract idea of collecting, calculating, manipulating, and outputting data in order to control a device. However, all of these steps can be done by a generic computer device. The claim includes communication circuitry in line 2, which is generic computer parts that comprise any electronic device. The claim includes processing circuitry in line 4, which is a generic computer device and does not take the claim beyond the judicial exception. The claim mentions a wearable device (lines 6, 8, 14, 18), but the wearable device is not positively claimed in the claim language, but rather is merely some external device that the generic computer components are able to communicate with and send/ receive data back and forth. Further, there is no structure other than “wearable device” which can conceivably be just about anything, including further generic computer components. The action of “control the wearable device” also does not take the claim beyond the judicial exception, as there is no mention over what/ how the control is acting on the wearable device, with no structures being positively controlled. In short, the wearable device receiving data can be considered a “control” of the wearable device, which is just a generic computerized act of sending/ receiving data. As such, the additional elements of claim 1 do not provide more than the judicial exception of generic computing that is receiving, computing, and transmitting data, and thus the claim is ineligible.
Claims 2-6 are directed to the types of data being used, and further determinations being done with said data.
Claims 8-13 are directed to adjustments to the output of the device based on data/ feedback, which is further just generic data manipulation from a processor.
Claim 20 is nearly identical to claim 1, and fails to go beyond the judicial exception for the same reasons.
The limitations as described in the above rejected claims do not provide improvements to any other technical field, applying the judicial exception with, or by use of a particular machine, effecting a transformation or reduction of the electronic device to a different state, applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, nor adding a specific limitation other than what is well-understood, routine, conventional activity in the field to control limb-based torque devices. Therefore, the claims are not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11, and 13-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Seo et al. (US Pub. 2019/0142681).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Seo discloses an electronic device (controller 140 in Fig. 1), comprising: a communication module, comprising communication circuitry, configured to exchange data with an external device (see [0072]); and at least one processor, comprising processing circuitry, configured to control the electronic device (see Fig. 17 processing circuitry 1750; see also [0185]), wherein the at least one processor is individually and/or collectively configured to: determine a target exercise mode of a wearable device (see [0186] where the assistance torque calculator 1751 is controlled by the processing circuitry 1750 to obtain a target walking cycle based on sensed data of the wearable device 100 in Fig. 1), to ; determine a value of a first control parameter for processing raw sensing data to be obtained from the wearable device (see [0186] where joint angle data is measured), based on the target exercise mode; generate sensing data based on the raw sensing data and the value of the first control parameter (see [0186] where the measured joint angle data is used to calculate a torque); generate a target state factor corresponding to a target type of the target exercise mode based on the sensing data (see [0188] where the turning walking recognizer 1753 of the processing circuitry 1750 is able to generate a determination of whether the user is performing a turn during the walk cycle, based on sensor information); determine a value of a second control parameter for at least one of an output timing of a torque to be output by the wearable device or a magnitude of the torque (see [0186] where a torque is calculated; and see [0191] where the applied magnitude of the torque is adjusted based on the control parameters), based on the target exercise mode (see [0186] where the calculated torque is based on the joint angle sensed during the chosen walk cycle); determine a torque value corresponding to the target type of the target exercise mode based on the target state factor and the value of the second control parameter (see [0186] where a torque is calculated based on the joint angle of the cycle; and see [0191]-[0192] where the applied magnitude of the torque is adjusted based on the control parameters and applied); and control the wearable device based on the torque value (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077]).
Regarding claim 2, Seo discloses wherein the target type of the target exercise mode comprises a step exercise type (see [0186] where the target exercise is a walking cycle, which is a step exercise).
Regarding claim 3, Seo discloses wherein the at least one processor is configured to: determine the target exercise mode from among one or more exercise modes of an exercise program performed by the wearable device (see [0186] where the assistance torque calculator can choose a walking cycle based on a number of predetermined walking states).
Regarding claim 4, Seo discloses wherein the at least one processor is configured to: when a previous exercise mode in an order set before an order of the target exercise mode among the exercise modes for which an execution order is set is performed, determine the target exercise mode in a next order (see Fig. 10 and [0126]-[0130] where the phase of each step of the walking cycle is a discrete part of the walking phase, arranged in order so that the system can calculate and adjust torque based on this order (e.g. see [0193]-[0194]).
Regarding claim 5, Seo discloses wherein the first control parameter comprises at least one of a parameter indicating an offset angle between joint angles of the raw sensing data (see [0066] where a difference between the left and right hip joints can be measured).
Regarding claim 6, Seo discloses wherein the second control parameter comprises at least one of a parameter for controlling the magnitude of the torque (see [0193]-[0194] where the torque output magnitude can be controlled based on the joint angle data).
Regarding claim 7, Seo discloses wherein the raw sensing data comprises a first raw joint angle of a first leg and a second raw joint angle of a second leg, generated by a sensor of the wearable device (see [0066] where the sensor collects data on both the left and right hip joint).
Regarding claim 8, Seo discloses wherein the target exercise mode comprises an exercise mode personalized for a user of the wearable device (see [0186] where the walking cycle can be based on measured joint data, which is personalized to the user based on their particular measurements).
Regarding claim 9, Seo discloses wherein the target exercise mode is configured to be personalized via adjustment of at least one of the value of the second control parameter for the target exercise mode (see [0191]-[0194] where the applied magnitude of torque is adjusted to fit the user’s measured walking phase and joint angle).
Regarding claim 10, Seo discloses wherein the processor is further configured to: receive information regarding one or more exercise modes comprising the target exercise mode from a user (see [0186] where walking cycle can be based on the measured joint angle data); and generate an exercise program based on the one or more exercise modes (see [0191]-[0194] where the applied torque during the walking cycle is based on the walking cycle data derived from the joint data).
Regarding claim 11, Seo discloses wherein the information regarding the one or more exercise modes comprises information regarding an execution time of the target exercise mode (see [0191]-[0194] where the applied torque is executing at a time of a specific phase of the walk cycle) and information regarding an execution level of the target exercise mode (see [0191]-[0194] where the applied torque magnitude is adjusted).
Regarding claim 13, Seo discloses wherein a force corresponding to the torque value is to be output by the wearable device (see [0191]-[0194] where the outputted torque controls the applied movement to the system; see also [0076]-[0077]).
Regarding claim 14, Seo discloses a method of controlling a wearable device performed by an electronic device in communication with the wearable device (controller 140 in Fig. 1; see also [0076]-[0077]), the method comprising: determining a target exercise mode of the wearable device (see [0186] where the assistance torque calculator 1751 is controlled by the processing circuitry 1750 to obtain a target walking cycle based on sensed data of the wearable device 100 in Fig. 1); determining a value of a first control parameter for processing raw sensing data obtained from the wearable device (see [0186] where joint angle data is measured), based on the target exercise mode; generating sensing data based on the raw sensing data and the value of the first control parameter (see [0186] where the measured joint angle data is used to calculate a torque); generating a target state factor corresponding to a target type of the target exercise mode based on the sensing data (see [0188] where the turning walking recognizer 1753 of the processing circuitry 1750 is able to generate a determination of whether the user is performing a turn during the walk cycle, based on sensor information); determining a value of a second control parameter for at least one of an output timing of a torque to be output by the wearable device or a magnitude of the torque (see [0186] where a torque is calculated; and see [0191] where the applied magnitude of the torque is adjusted based on the control parameters), based on the target exercise mode (see [0186] where the calculated torque is based on the joint angle sensed during the chosen walk cycle); determining a torque value corresponding to the target type of the target exercise mode based on the target state factor and the value of the second control parameter (see [0186] where a torque is calculated based on the joint angle of the cycle; and see [0191]-[0192] where the applied magnitude of the torque is adjusted based on the control parameters and applied); and controlling the wearable device based on the torque value (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077]).
Regarding claim 15, Seo discloses wherein the target type of the target exercise mode comprises a step exercise type (see [0186] where the target exercise is a walking cycle, which is a step exercise).
Regarding claim 16, Seo discloses wherein the target exercise mode comprises an exercise mode personalized for a user of the wearable device (see [0186] where the walking cycle can be based on measured joint data, which is personalized to the user based on their particular measurements), wherein the target exercise mode is personalized via adjustment of at least one of the value of the second control parameter for the target exercise mode (see [0191]-[0194] where the applied magnitude of torque is adjusted to fit the user’s measured walking phase and joint angle).
Regarding claim 17, Seo discloses receiving information regarding one or more exercise modes comprising the target exercise mode from a user (see [0186] where walking cycle can be based on the measured joint angle data); and generating an exercise program based on the one or more exercise modes (see [0191]-[0194] where the applied torque during the walking cycle is based on the walking cycle data derived from the joint data).
Regarding claim 18, Seo discloses wherein the information regarding the exercise modes comprises information regarding an execution time of the target exercise mode (see [0191]-[0194] where the applied torque is executing at a time of a specific phase of the walk cycle) and information regarding an execution level of the target exercise mode (see [0191]-[0194] where the applied torque magnitude is adjusted).
Regarding claim 19, Seo discloses generating feedback information regarding execution of the target exercise mode based on the sensing data (see [0186] where the applied torque to be executed is based on the sensed angle data); and outputting the feedback information (see [0191] where the torque is outputted).
Regarding claim 20, Seo discloses an electronic device (controller 140 in Fig. 1), comprising: a communication module, comprising communication circuitry, configured to exchange data with an external device (see [0072]); and at least one processor, comprising processing circuitry, configured to control the electronic device (see Fig. 17 processing circuitry 1750; see also [0185]), wherein the at least one processor is individually and/or collectively configured to: receive information regarding one or more exercise modes from a user (see [0186] where the assistance torque calculator 1751 is controlled by the processing circuitry 1750 to obtain a target walking cycle based on sensed data of the wearable device 100 in Fig. 1, the sensed joint angle data being information from a user to influence the exercise mode); generate an exercise program based on the one or more exercise modes (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077] where the applied torque is based on the determined walk cycle of the user); based on a wearable device being controlled based on the exercise program (see [0076]-[0077]), determine a target exercise mode (see [0186] where the walk cycle based on the sensed joint angle data is a target walk cycle for the user); determine a value of a first control parameter for processing raw sensing data obtained from the wearable device (see [0186] where joint angle data is measured), based on the target exercise mode; generate sensing data based on the raw sensing data and the value of the first control parameter (see [0186] where the measured joint angle data is used to calculate a torque); generate a target state factor corresponding to a target type of the target exercise mode based on the sensing data (see [0188] where the turning walking recognizer 1753 of the processing circuitry 1750 is able to generate a determination of whether the user is performing a turn during the walk cycle, based on sensor information); determine a value of a second control parameter for at least one of an output timing of a torque to be output by the wearable device or a magnitude of the torque (see [0186] where a torque is calculated; and see [0191] where the applied magnitude of the torque is adjusted based on the control parameters), based on the target exercise mode (see [0186] where the calculated torque is based on the joint angle sensed during the chosen walk cycle); determine a torque value corresponding to the target type of the target exercise mode based on the target state factor and the value of the second control parameter (see [0186] where a torque is calculated based on the joint angle of the cycle; and see [0191]-[0192] where the applied magnitude of the torque is adjusted based on the control parameters and applied); and control the wearable device based on the torque value (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077]).
Regarding claim 21, Seo discloses a wearable device (walking assistance apparatus 100 in Fig. 1, including controller 140 in Fig. 1), comprising: a communication module, comprising communication circuitry, configured to exchange data with an external device (see [0072]); and at least one processor, comprising processing circuitry, configured to control the wearable device (see Fig. 17 processing circuitry 1750; see also [0185] and [0074]), wherein the at least one processor is individually and/or collectively configured to: determine a target exercise mode of a wearable device (see [0186] where the assistance torque calculator 1751 is controlled by the processing circuitry 1750 to obtain a target walking cycle based on sensed data of the wearable device 100 in Fig. 1), to ; determine a value of a first control parameter for processing raw sensing data to be obtained from the wearable device (see [0186] where joint angle data is measured), based on the target exercise mode; generate sensing data based on the raw sensing data and the value of the first control parameter (see [0186] where the measured joint angle data is used to calculate a torque); generate a target state factor corresponding to a target type of the target exercise mode based on the sensing data (see [0188] where the turning walking recognizer 1753 of the processing circuitry 1750 is able to generate a determination of whether the user is performing a turn during the walk cycle, based on sensor information); determine a value of a second control parameter for at least one of an output timing of a torque to be output by the wearable device or a magnitude of the torque (see [0186] where a torque is calculated; and see [0191] where the applied magnitude of the torque is adjusted based on the control parameters), based on the target exercise mode (see [0186] where the calculated torque is based on the joint angle sensed during the chosen walk cycle); determine a torque value corresponding to the target type of the target exercise mode based on the target state factor and the value of the second control parameter (see [0186] where a torque is calculated based on the joint angle of the cycle; and see [0191]-[0192] where the applied magnitude of the torque is adjusted based on the control parameters and applied); and control the wearable device based on the torque value (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077]).
Regarding claim 22, Seo discloses a wearable device (walking assistance apparatus 100 in Fig. 1, including controller 140 in Fig. 1), comprising: a communication module, comprising communication circuitry, configured to exchange data with an external device (see [0072]); and at least one processor, comprising processing circuitry, configured to control the wearable device (see Fig. 17 processing circuitry 1750; see also [0185] and [0074]), wherein the at least one processor is individually and/or collectively configured to: determine a target exercise mode of the wearable device based on information regarding the target exercise mode to be received from an electronic device through the communication module (see [0186] where the assistance torque calculator 1751 is controlled by the processing circuitry 1750 to obtain a target walking cycle based on sensed data of the wearable device 100 in Fig. 1, the sensed joint angle data being information from a user to influence the exercise mode and the sensed joint angle data being transmitted through the communication device of the controller in [0072]); determine a value of a first control parameter for processing raw sensing data (see [0186] where joint angle data is measured), based on the target exercise mode; generate sensing data based on the raw sensing data and the value of the first control parameter (see [0186] where the measured joint angle data is used to calculate a torque); generate a target state factor corresponding to a target type of the target exercise mode based on the sensing data (see [0188] where the turning walking recognizer 1753 of the processing circuitry 1750 is able to generate a determination of whether the user is performing a turn during the walk cycle, based on sensor information); determine a value of a second control parameter for at least one of an output timing of a torque to be output by the wearable device or a magnitude of the torque (see [0186] where a torque is calculated; and see [0191] where the applied magnitude of the torque is adjusted based on the control parameters), based on the target exercise mode (see [0186] where the calculated torque is based on the joint angle sensed during the chosen walk cycle); determine a torque value corresponding to the target type of the target exercise mode based on the target state factor and the value of the second control parameter (see [0186] where a torque is calculated based on the joint angle of the cycle; and see [0191]-[0192] where the applied magnitude of the torque is adjusted based on the control parameters and applied); and control the wearable device based on the torque value (see [0191]-[0194] where the adjusted torque is applied to the device; see also [0076]-[0077]).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Seo as applied to claim 1 above, and further in view of Choi et al. (US Pat. 9,833,376).
Regarding claim 12, Seo discloses wherein the processor is further configured to: generate feedback information regarding execution of the target exercise mode based on the sensing data (see [0186] where the applied torque to be executed is based on the sensed angle data).
Seo lacks a detailed description of the processing controlling a display or a speaker to output the feedback information.
However, Choi teaches walking assistance device, where a user interface screen can be used to display operational status of the device under operation (see Col. 7 lines 14-27).
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 Seo to include a display output as taught by Choi, as it would provide a visual means of showing the outputs and operational status of the device so that the user and/or practitioner can be better informed as to the status of the device.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Applicant argues on pages 8-9 against the 35 U.S.C. 101 rejection of the claims. In particular, applicant argues that as the claims specifically include an output of a “torque value” that is being applied, the control system is not abstract as it integrates that torque into a practical application. The argument is not well-taken. The torque value of the claim is nothing more than a calculated output value based on collected data. As the “wearable device” can be any device capable of being worn, and includes no structures (e.g. actuators) that are able to use the torque, the “control” limitation amounts to nothing more than an output of the calculated variable. There is no indication as to how the “control” is done, and the mere outputting of the torque, without any system applying a torque force, could be considered a “control.”
Applicant argues on page 10 of the remarks that Seo fails to determine a first control parameter based on a target exercise mode, as the “walking cycle” is not necessarily a target exercise, and there is no evidence the joint angle is based on that walking cycle. The argument is not well-taken. Firstly, a “target” exercise is broad, and can refer an exercise that is ongoing/ a current walking cycle. Furthermore, it is clear from [0186] that the sensed joint data comes from the walking cycle of the user, such that it is based on the target exercise (walk cycle). The joint data 1) comes from the torque calculator and would thus be sent to the processing circuitry for analysis, and 2) is based on the user going through walking states, which are the “target” exercises.
Applicant argues on pages 10-11 that the measuring joint angle data to calculate a torque does not have “raw sensing data” as the generated sensor data is the torque, and the value of the first control parameter is the joint angle. The argument is not well-taken. It is understood that is sensing the joint angle data, there is some initial “raw” data which is what is initially read by the sensing unit, and that that raw data must be interpreted and read by the processing circuitry to become readable and usable joint angle data. Thus, the “raw” data merely represents initial data that has not yet been interpreted.
Applicant argues on page 11 that as Seo does not have the raw sensing data, the target state factor cannot be based on sensing data. The argument is not well-taken, for the same reasons as above. Furthermore, as seen in the cited portion of [0188], the “state factor” is a determination of the target exercise mode performing a turn, and it is understood that any determination of the target exercise is based on sensed information (sensor information as recited).
Applicant argues on page 11 that there is no determination of either a 1) timing or 2) magnitude of a torque that is determined based on the target exercise mode. The argument is not well-taken. As seen in the above arguments, the “target exercise mode” is broad, and can refer to the current exercise cycle that is being targeted, monitored, and analyzed. As such, the determination of a torque, that is based on the joint angles during the walk cycle, occurs during the walking phase (target exercise) and is thus based thereupon.
For the reasons above, the rejections hold.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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