DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species 2 (Figs. 6-14) in the reply filed on 04/13/2026 is acknowledged. Claims 1-16 read on the elected species.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “a first inner bearing”, “a second inner bearing”, and “a third inner bearing” of claim 13 are not described in the specification in relation to the elected species figures 6-14.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10 line 13, the term “a central axis” is unclear as to if the term is the same or different than line 8.
Any remaining claims are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
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.
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 1-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roh et al. (US 2019/0021932; hereinafter “Roh”).
Regarding claim 1, Roh discloses a wearable device (motion assistance apparatus 100) comprising:
a proximal support configured to be worn on a proximal part of a user (proximal support 20);
a distal support configured to be worn on a distal part of the user (distal support 30);
a driving assembly which is connected to the proximal support and configured to generate power (driving assembly 10 [0036]); and
a driving frame configured to transmit the force from the driving assembly to the distal support (driving frame 13 on distal end of driving assembly 10, connected to distal support 30),
wherein the driving assembly comprises:
a housing which is connected to the proximal support (lower cover 142; [0046] “The lower cover 142 may be connected to the proximal support 20”);
an actuator comprising a stator and a rotor (actuator 11 comprising stator 111 and rotor 112), wherein the stator is fixed to the housing and comprises a ring shape (Fig. 3 stator 111 ring shape), and the rotor is located at least partially inside the stator and is rotatable relative to the stator (Fig. 3 rotor 112 within and rotated relative to stator 111 [0042]);
a speed reducer at least partially inside the rotor and comprising an input end connected to an output end of the actuator (speed reducer 12; [0041] within the internal space of the actuator rotor 112 Fig. 3; [0045] “The output end of the actuator 11 may be connected to an input end of the reducer 12”); and
a support configured to support the speed reducer and connected detachably to the housing (Fig. 3 upper cover 141; holding in/supporting the reducer 12; detachably connects to the lower cover 142 and driving frame 13).
Regarding claim 2, Roh discloses the driving frame is configured to connect an output end of the speed reducer to the distal part and is capable of motion relative to the support ([0056] “The second carrier 1222 may be connected to the driving frame 13. That is, the second carrier 1222 may correspond to an output end of the reducer 12”).
Regarding claim 3, Roh discloses the support comprises:
a base frame which overlaps with the housing based on a direction of a rotation axis of the rotor and is connected detachably to the housing (housing of upper cover 141; aligned with central rotational axis; detachably connects to the lower cover 142 and driving frame 13); and
a supporting frame which extends from the base frame, is at least partially located inside the stator, and is configured to support at least the speed reducer (Fig. 4 protrusion 1411 extending into stator 111; surrounds reducer 12).
Regarding claim 4, Roh discloses the support further comprises an extension frame which extends from the base frame and overlaps with the speed reducer based on a direction of a rotation axis of the rotor (spaced bump extensions off side of upper cover 141 for accepting screws 1415; all of upper cover 141 overlaps the reducer 12 in rotation).
Regarding claim 5, Roh discloses the driving assembly further comprises a frame fastener configured to fasten the support to the housing (upper cover fastening screws 1415).
Regarding claim 6, Roh discloses the housing comprises:
a lower cover configured to support the rotor so that the rotor is rotatable (distal side of cover 142 facing the outside, or contacting the skin when worn by the user; and overall [0046] cover 142 supports rotor 112 such that it may rotate);
a side cover which extends from at least the lower cover and is configured to cover at least part of a side surface of the stator (Fig. 3 side edge of lower cover 142); and
an upper cover which extends from the side cover and is configured to cover at least part of an upper surface of the stator (bumped extensions off side edge of lower cover 142 for accepting screws 1425; Fig. 3 stator 111 is located within lower cover 142).
Regarding claim 7, Roh discloses the rotor comprises:
a main plate in parallel with the lower cover (rotor 112 includes main plate 1121; Fig. 5 main plate 1121 parallel with cover 142); and
a vertical extension part which extends from the main plate and is between at least the stator and the speed reducer (rotor 112 includes vertical extension 1122; [0047] “The vertical extension 1122 may be between the protrusion 1411 and the stator 111,” where reducer 12 is within protrusion 1411).
Regarding claim 8, Roh discloses the rotor further comprises:
a cap configured to cover the main plate (see annotated Fig. 5 below with cap against main plate 1121); and
a cap fastener configured to fasten the cap to the speed reducer and connected to the speed reducer (see annotated Fig. 5 below with cap fastener as the piece extending out of the cap to attach into the main plate 1121, and thus connect to the reducer 12).
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Roh Annotated Fig. 5
Regarding claim 9, Roh discloses the support and the speed reducer are separable from the housing (Figs. 3-4 upper cover 141 and reducer 12 are shown exploded from the lower cover 142. Upper cover 141 is separable until connected with screws 1415. Reducer 12 is in hollow of actuator 11, which is connected to cover 142).
Regarding claim 10, Roh discloses the speed reducer (reducer 12) comprises:
a main shaft which is connected to the rotor and rotates based on a rotation axis of the rotor (rotor shaft 1125);
a first sun gear which is fixed on the main shaft (first sun gear 1123);
a ring gear which is fixed on the support and surrounds the first sun gear (ring gear 1412);
a plurality of first planetary gears arranged between the first sun gear and the ring gear and which engages with the first sun gear and the ring gear (first planetary gears 1211; [0057]);
a first carrier which is connected to a central axis of each of the plurality of first planetary gears (first carrier 1212; [0058]);
a second sun gear connected to the first carrier (second sun gear 1213);
a plurality of second planetary gears arranged between the second sun gear and the ring gear and which engages with the second sun gear and the ring gear (second planetary gears 1221; [0060]); and
a second carrier connected to a central axis of each of the plurality of second planetary gears and connected to the driving frame (second carrier 1222; [0061-62]).
Regarding claim 11, Roh discloses the rotor and the first sun gear are configured to rotate at a same speed ([0045] “sun gear 1123 may be fixed to the rotor shaft 1125”, meaning they would rotate at the same speed), and
the first sun gear, the first carrier, and the second carrier are configured to rotate at different speeds ([0058] rotation velocity of the first carrier 1212 may be reduced comparatively to the velocity of the first sun gear 1123 and [0061] rotation velocity of the second carrier 1222 may be reduced when compared to velocity of the first carrier 1212).
Regarding claim 12, Roh discloses the driving assembly further comprises:
a lower bearing arranged between at least the rotor and the housing (Fig. 5 second bearing 152); and
an upper bearing arranged between at least the ring gear and the second carrier (Fig. 5 third bearing 153).
Regarding claim 13, Roh discloses the driving assembly further comprises:
a first inner bearing arranged between at least the main shaft and the first carrier (first bearing 151);
a second inner bearing arranged between at least the main shaft and the second sun gear (second bearing 152); and
a third inner bearing arranged between at least the main shaft and the second carrier (third bearing 153).
Regarding claim 16, Roh discloses a wearable device (motion assistance apparatus 100) comprising:
a proximal support configured to be worn on a waist of a user (proximal support 20);
a distal support configured to be worn on a thigh of the user (distal support 30);
a driving assembly which is connected to the proximal support and configured to generate power (driving assembly 10 [0036]); and
a driving frame configured to transmit the force from the driving assembly to the distal support to provide for motion assistance for the thigh and/or a hip of the user (driving frame 13 on distal end of driving assembly 10, connected to distal support 30),
wherein the driving assembly comprises:
a housing (lower cover 142; [0046] “The lower cover 142 may be connected to the proximal support 20”);
an actuator comprising a stator and a rotor (actuator 11 comprising stator 111 and rotor 112), wherein the stator comprises a ring shape (Fig. 3 stator 111 ring shape), and the rotor is located at least partially inside the stator and is rotatable relative to the stator (Fig. 3 rotor 112 within and rotated relative to stator 111 [0042]);
a speed reducer at least partially inside the rotor and comprising an input end connected to an output end of the actuator (speed reducer 12; [0041] within the internal space of the actuator rotor 112 Fig. 3; [0045] “The output end of the actuator 11 may be connected to an input end of the reducer 12”); and
a support configured to support the speed reducer and connected detachably to the housing (Fig. 3 upper cover 141; holding in/supporting the reducer 12; detachably connects to the lower cover 142 and driving frame 13).
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Roh as applied to claim 13 above, and further in view of Shimada et al. (US 2006/0064047; hereinafter “Shimada”).
Regarding claim 14, Roh is silent as to a washer which is inserted in the main shaft and is configured to cover the third inner bearing. However, Shimada teaches a washer which is inserted in the main shaft and is configured to cover the third inner bearing (see Shimada [0067] Washer 34 fitted on support shaft 33 against ball bearing 35). 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 main shaft of Roh with the addition of a washer on the main shaft to cover the bearing as taught by Shimada so as to protect the shaft and bearing from damage, friction, and/or vibration.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Roh as applied to claim 1 above, and further in view of Shimada.
Regarding claim 15, Roh is silent as to a stopper which is arranged in the support and located on a movement path of the driving frame. However, Shimada teaches a stopper which is arranged in the support and located on a movement path of the driving frame (see Shimada Figs. 12-15 [0097-98] actuator mounting bracket 50 has stopper 50a and stopper 47a; prevents bending of the two pieces of the leg frame; thus is in the moving path of driving). 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 support on the driving frame of Roh with the addition of a stopper to limit the driving frame movement path as taught by Shimada so as to prevent bending of the distal support forward relative to the proximal support (see Shimada [0098]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Noda (US 2008/0315729) is cited to show an actuator with stator, rotor, and speed reducer.
Hara et al. (US 2023/0270616) and Yagi (US 11,110,024) are cited to show a wearable motion assistance device with rotor, stator, and speed reducer.
Kudoh et al. (US 7,404,782) is cited to show a walk assist apparatus with speed reducer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GWYNNETH L HOWELL whose telephone number is (703)756-4742. The examiner can normally be reached 8:30-4:30 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tim 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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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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