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 of Group I in the reply filed on 11/18/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the combination of claims 1 and 30 showing both the exoskeleton as claimed, an outer skin layer, and one or more shells comprising first and second arm members connected to and moveable relative to the spine; the outer skin of claim 32 being positioned over the musculature simulation layer; must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Figure 3. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 14, 15 and 29 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.
In claim 14 it is unclear which passive assist assembly is being referred to.
It is unclear if items included in parentheses are intended to be positively recited and included claim elements.
Claim 15 recites the limitation "the outer skin layer and the exoskeleton" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "the elbow and scapula movement" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "the character suit writs" in line 11. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 2, 5, 6, 30, and 34 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Chu et al CN 105751204.
Regarding claim 1, Chu discloses an exoskeleton for use in a large character costume to support and move an outer skin layer, comprising: a spine (100) comprising an elongated and rigid (Chu translation:¶0051) vertical member; a waist ring (200) arcuate in shape configured to extend about a waist of a performer using the exoskeleton in a spaced apart manner, wherein a lower end of the spine is attached to a rear center portion of the waist ring (Chu, Modified Figure 4); a pair of leg assemblies (12) each pivotally (Chu translation: ¶0049) coupled on opposite sides of the waist ring, wherein each of the leg assemblies is configured to be spaced apart from a leg of the performer and wherein each of the leg assemblies is configured to extend below a foot of the performer (Chu, Figure 3), whereby weight of the outer skin layer and the exoskeleton are transmitted to a support surface under the leg assemblies (Chu translation: ¶0053).
Regarding claim 2, Chu further discloses each of the leg assemblies including at least one passive assist mechanism configured to assist the performer in moving the exoskeleton with bipedal locomotion (Chu translation: ¶0049).
Regarding claim 5, Chu further discloses a shoulder assembly (300) pivotally (Chu translation: ¶0049) coupled to an upper end of the spine and a shoulder passive assist mechanism configured for assisting in pivoting the shoulder assembly relative to the upper end of the spine.
Regarding claim 6, Chu further discloses an arm (400) member pivotally coupled (Chu translation: ¶0049) via a shoulder joint to portion of the shoulder assembly distal to the spine and a passive lift assist mechanism configured for assisting the performer in lifting the arm member about the shoulder joint.
Regarding claim 30, Chu further discloses one or more shells (20)coupled to the spine.
Regarding claim 34, Chu further discloses the one of more shells define a first and second arm members coupled to the spine and movable relative thereto (Chu, Figure 2).
Claim(s) 9, 10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Baptista et al US 2019/0344456.
Regarding claim 9, Baptista discloses an exoskeleton for use in a large character costume, comprising: a spine (100); a waist ring (200) arcuate in shape configured to extend about a waist of a performer (Baptista, Figure 1) using the exoskeleton in a spaced apart manner, wherein a lower end of the spine is attached to a rear center portion of the waist ring (Baptista, Figure 1); a shoulder assembly (3) pivotally (at 35) coupled to an upper end of the spine; and a shoulder passive assist mechanism (38)(Baptista, abstract) configured for assisting in pivoting the shoulder assembly relative to the upper end of the spine.
Regarding claim 10, Baptista further discloses an arm member (310) pivotally coupled (at 39) via a shoulder joint to portion of the shoulder assembly distal to the spine and a passive lift assist mechanism configured for assisting the performer in lifting the arm member about the shoulder joint.
Allowable Subject Matter
Claim 29 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 3, 4, 7, 8, 11-13 and 31-33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose either alone or in combination the claimed invention comprising: a neck physical assist having an arcuate collar attached to the spine as claimed; a manipulable hand coupled to the arm member of the exoskeleton as claimed; or a musculature simulation layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 5282460.
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/KRISTEN C HAYES/ Primary Examiner, Art Unit 3642