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 .
Response to Amendment
Applicant’s amendments, filed 12/23/2025, has been entered, claims 1-15 remain pending.
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 2-5 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.
Claim 1 claims “a sliding surface” and “a slider”, Claim 2 claims “a sliding surface” and Claim 3 claims “a slider” again, it is unclear whether if the sliding surface and slider in claims 2 and 3 are referring to the same sliding surface and slider claimed in claim 1, or if they are separate elements. Therefore, Claims 2 and 3 are indefinite. Claims 4 and 5 are rejected due to dependency as they do not clarify this issue. For examination purposes, the sliding surface and slider in claims 2-5 will be interpreted as the same sliding surface and slider claimed in claim 1.
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.
Claim(s) 1-10, 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Katoh et al. (US20200179218), hereafter Katoh, in view of Shimizu et al. (US20100298746), hereafter Shimizu, further in view of Schwenn et al. (US6589195), hereafter Schwenn.
Regarding Claim 1, Katoh discloses a motion assist apparatus (Abstract, a power assist suit, Fig. 2) comprising: a proximal support (Fig. 3, 7, hip harness 20) configured to support a proximal part of a user (par. 0056, “the hip harness 20 and the frame 10 and worn at least around the hips of the wearer”); a distal support configured to support a distal part of the user (Fig. 3, 26, 32, par. 0128, “a worn portion 78B that is retained on the thigh of the wearer along with the thigh harness 80 as shown in FIG. 32 and FIG. 3”); a proximal joint part (Fig. 1 and 23, par. 0109, turning part 61L/R) rotatably connected to the proximal support (See Fig. 21-23, par. 0060, a shaft 68 couples the proximal joint part to a hip side pad 21R/L, and forms a rotatably connection, see par. 0110-0112) around a first axis (Fig. 2-4, 21, imaginary turning axis 11J, see par. 0058) and a second axis perpendicular to the first axis (Fig. 26, arm turning axis 71RJ, in Fig. 26, the first axis is in the Y direction through shaft hole 71RC, the second axis 71RJ is therefore perpendicular to the first axis), wherein the proximal joint part includes a sliding surface (Fig. 23, a connector 71 slide across the surface of pulley case 65; the surface of pulley case 65 facing 71).
Katoh further discloses a distal joint part rotatably connected to the distal support (Fig. 26, 30, bearing 76, par. 0134, bearing 76 is rotatable in θY2, allowing the distal support to also rotate), but is silent on the distal joint part rotatably connected to the distal support around a third axis parallel to the second axis.
However, Shimizu teaches a motion assist apparatus (Fig. 1), comprising of a proximal support (Fig. 1, belly belt 20), a distal support (Fig. 1, thigh belt 50), a proximal joint part rotatably connected to the proximal support around a first axis (par. 0031, “The free end of each side extension 12 of the pelvic frame 10 suspends a corresponding power generator case 14 (14L and 14R) via a hinge 13”; the proximal joint part includes 13 and 14, while 14 rotates around a first axis, par. 0031), and a second axis perpendicular to the first axis (Fig. 1-4, the hinge 13 rotates around a second axis perpendicular to the first axis). Shimizu further teaches a distal joint part (Fig. 1, free end 42, par. 0037, “a free end 42 extending downward from the base end 41 along an outer side of the thigh and twisted toward a front part of the thigh slightly above the knee cap”) rotatably connected to the distal support around a third axis parallel to the second axis (par. 0038, “to the free end 42 of the power transmitting arm 40 is pivotally attached a corresponding thigh belt 50”; the distal joint part is disposed at the front of the thigh, therefore the axis is parallel to the second axis). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Katoh, with the distal joint part of Shimizu, to have the distal joint part extend to a front part of the thigh to pass the force along multiple directions as taught by Shimizu (Shimizu, par. 0037).
The modified Katoh further discloses a connector (Katoh, Fig. 27, intermediate arm 72 and rail 73) configured to connect the proximal joint part and the distal joint part (See Katoh, Fig. 26-30) and movably connected to the distal joint part in a first direction perpendicular to the second axis and the third axis (Katoh, par. 0130-0132, see Fig. 27, the rail 73 slides along part 75 in the direction represented by the dashed arrow in the Z axis, which is perpendicular to the second and third axis).
The modified Katoh is still silent on wherein the connector includes a slider configured to guide a rotational motion of the connector with respect to the proximal joint part, wherein the slider is in contact with the sliding surface, wherein the slider is formed such that a surface of the slider is concave in a direction opposite to the sliding surface.
However, Schwenn teaches a hip thigh orthosis (Fig. 1), comprising of a proximal part (Fig. 1, hip engagement unit 10), a distal part (Fig. 1, pad 154), a proximal joint part (Fig. 11, hinge member 172) allowing rotation in a first axis (Fig. 11, axis A--A) and a second axis (Fig. 11, pivot joint member 174 provides a second axis perpendicular to the first axis, Fig. 11 shows bar 98 rotates along both axis), a sliding surface (Fig. 6, 7, surface of member 180), and a connector connecting the proximal joint part to the distal part (Fig. 11, bar 98 and arm member 176). Schwenn further teaches wherein the connector includes a slider (Fig. 11, 12, roller 178) configured to guide a rotational motion of the connector with respect to the proximal joint part (Fig. 11, 12, col. 8 line 9-11, “The arm member 176 rotatably mounts a follower member such as a roller 178 that rotates about a shaft journaled on the arm member 176”), wherein the slider is in contact with the sliding surface (col. 8, line 12-13, “A cam member 180 having a sloping cam surface engages the roller 178 to provide a force applying unit”; see Fig. 11, 12, the slider 178 moves along the sliding surface of cam member 180 to guide the rotational motion of the connector), wherein the slider is formed such that a surface of the slider is concave in a direction opposite to the sliding surface (Fig. 11, 12, the roller has a cylindrical shape and rotates along 180, therefore it is concave in a direction opposite to the sliding surface). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Katoh, with the slider and sliding surface of Schwenn, to engage the rotational motion of the connector with the sliding surface as taught by Schwenn (Schwenn, col. 8, line 7-26).
Regarding Claim 2, the modified Katoh discloses the motion assist apparatus of claim 1, wherein the proximal joint part comprises: a slider member connected to the proximal support (Katoh, Fig. 1, 21, pulley case 65 is fixed to the hip harness 20 as shown in Fig. 1 and par. 0066); a first rotation member disposed on the slider member and rotatably connected to the slider member around the first axis (Katoh, Fig. 1, 23, idle pulley 63L/R, par. 0111, “This structure allows the idler pulley 63L… turn around the imaginary turning axis 11J”); and a second rotation member configured to connect the first rotation member and the connector (Katoh, Fig. 1, 26, swinging arm 71L/R, see Fig. 26, par. 0123, the swinging arm rotates around axis 71RJ) such that the connector is rotatable around the second axis with respect to the first rotation member (Katoh, par. 0123, “the intermediate arm 72 is supported so as to be able to turn around an arm turning axis 71RJ are formed”), and the slider member comprises a sliding surface formed on a surface on which the first rotation member is disposed (Katoh, Fig. 23, a sliding surface is formed by pulley case 65) and configured to guide a rotational motion of the connector with respect to the proximal joint part (Katoh, Fig. 23, par. 0111, the pulley case 65 guides the rotation).
Regarding Claim 3, the modified Katoh discloses the motion assist apparatus of claim 2, wherein the connector comprises a slider to be in contact with the sliding surface (Schwenn, roller 178, Fig. 11 and 12), and the slider is configured to guide a first rotational motion of the connector around the first axis and a second rotational motion of the connector around the second axis while being in contact with the sliding surface (Schwenn, col. 8 line 9-13, see rejection for claim 1).
Regarding Claim 4, the modified Katoh discloses the motion assist apparatus of claim 2, wherein the slider is configured to limit a rotation angle of the connector such that the connector is in contact with the sliding surface and unable to rotate by an angle greater than or equal to a set angle while the connector is rotating around the second axis with respect to the proximal joint part (Schwenn, Fig. 11, 12, in the prior art, the slider has the claimed configuration of concave in a direction opposite to the sliding surface, therefore it is capable of limiting the rotation angle of the second axis), and the connector is configured to generate a torque in a direction opposite to a rotational direction of the connector in response to rotating by the angle greater than or equal to the set angle (See Schwenn, Fig. 11, col. 8, line 12-15, the sliding surface and the slider provides a force applying unit which generates torque opposite to the rotational direction when the angle exceeds the set angle).
Regarding Claim 5, the modified Katoh discloses the motion assist apparatus of claim 3, wherein the sliding surface is formed such that a surface of the slider member is concave in a direction opposite to a surface on which the first rotation member is disposed (Schwenn, Fig. 11, 12), and the slider is in point-contact with the sliding surface (Schwenn, Fig. 11, 12, the slider is in point contact).
Regarding Claim 6, the modified Katoh discloses the motion assist apparatus of claim 1, wherein the connector is configured to assign a degree of freedom in an abduction direction of the proximal part in response to a proximal part of the user moving in the abduction direction (Katoh, Fig. 3 illustrate the user wearing the apparatus, par. 0122-0123, Fig. 26, the connector rotates around axis 71RJ in response to the user moving in the abduction direction).
Regarding Claim 7, the modified Katoh discloses the motion assist apparatus of claim 1, wherein the distal joint part comprises: a third rotation member (Shimizu, Fig. 1, free end 42) rotatably connected to the distal support around the third axis (Shimizu, par. 0038); and a receiving member (Katoh Fig. 27, sliding movable part 75) connected to the third rotation member and connected to the connector such that the connector is movable in the first direction (Shimizu, Fig. 1; Katoh Fig. 26-27, after the modification, the receiving member 75 is rotatably connected to the distal support, and the connector is movable in the first direction, see Katoh Fig. 27, par. 0127, the connector 73 slides along 75).
Regarding Claim 8, the modified Katoh discloses the motion assist apparatus of claim 7, wherein the receiving member comprises a guide space formed in the first direction, and at least a portion of the connector is inserted into the guide space and is slidable in the first direction in the guide space (Katoh, Fig. 26, 27, a guide space is formed by sliding movable part 75 and allows the connector 75 to slide in the first direction, par. 0125-0127).
Regarding Claim 9, the modified Katoh discloses the motion assist apparatus of claim 1, wherein the proximal support is disposed on a hip joint part of the user (Katoh, par. 0056, “the hip harness 20 and the frame 10 and worn at least around the hips of the wearer”), the distal support is disposed on a thigh of the user (Katoh, par. 0128, “a worn portion 78B that is retained on the thigh of the wearer along with the thigh harness 80 as shown in FIG. 32 and FIG. 3”), and the first axis penetrates a hip joint of the user based on a state in which the user is viewed from a side (See Katoh Fig. 3 and 4, axis 11J penetrates a hip joint of the user when wearing).
Regarding Claim 10, the modified Katoh discloses the motion assist apparatus of claim 2, wherein the first rotation member is configured to rotate around the first axis in response to a flexion motion and an extension motion of a hip joint of the user (Katoh, par. 0058, 0121, the first rotation member 63L/R rotates as the user swings their thigh, see Fig. 13, 14), and the second rotation member is configured to rotate around the second axis in response to an adduction motion and an abduction motion of the hip joint of the user (Katoh, par. 0121, the second rotation member is fit to a side part of the hip and thigh and provides assistive force, therefore rotates in response to adduction and abduction motion of the hip joint).
Regarding Claim 12, the modified Katoh discloses the motion assist apparatus of claim 1, further comprising: a sensor configured to sense a gait cycle of the user (Katoh, par. 0094, an encoder 53 (rotation angle detection means)); an actuator configured to supply power such that the proximal joint part rotates with respect to the proximal support (Katoh, par. 0094, “The power generating parts… electric motor 57” ; par. 0093, “the power generating parts 50 that generate assisting torque to be transmitted respectively to the assist unit 60L and assist unit 60R”); and a controller configured to control an operation of the actuator based on information sensed by the sensor (Katoh, par. 0105-0106, “The electric motor 57 is driven to rotate through a control signal from the controller 46… control means (CPU) for calculating assisting torque based on a command input from the remote controller 90… a driver circuit that converts a driving signal from the control means into a current supplied to the electric motor 57.”).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katoh, in view of Shimizu, in view of Schwenn, further in view of Sankai (US20100121232), hereafter Sankai.
Regarding Claim 11, the modified Katoh discloses the motion assist apparatus of claim 1, wherein the connector is formed by resin (Katoh, par. 0124, “The intermediate arm 72… and is made of resin”) but is silent on wherein the connector is formed of an elastic body.
However, Sankai teaches a motion assist apparatus (Fig. 5), comprising of a proximal joint part (Fig. 5, motor 122), a distal joint part (Fig. 5, motor 126), and a connector (Fig. 5, frame 158) connecting the proximal joint part and the distal joint part, wherein the connector is formed of an elastic body (par. 0151, “Each of the frames 158, 160, and 162 includes an elastic resin material”). The courts have held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Therefore, it would have been obvious for one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the know apparatus of Katoh and have the connector formed of elastic resin as taught by Sankai (Sankai, par. 0151).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katoh in view of Schwenn.
Regarding Claim 13, Katoh discloses a motion assist apparatus (Abstract, a power assist suit, Fig. 2), comprising: a proximal support (Fig. 3, 7, hip harness 20) worn around a waist of a user (par. 0056, “the hip harness 20 and the frame 10 and worn at least around the hips of the wearer”); a distal support worn around a thigh of the user (Fig. 3, 26, 32; 78b and 80: par. 0128, “a worn portion 78B that is retained on the thigh of the wearer along with the thigh harness 80 as shown in FIG. 32 and FIG. 3”); a proximal joint part (Fig. 1 and 23, par. 0109, turning part 61L/R) connected to the proximal support (See Fig. 21-23, par. 0060, a shaft 68 couples the proximal joint part to a hip side pad 21R/L, and forms a rotatably connection, see par. 0110-0112) and configured to rotate in response to a motion of a hip joint of the user (par. 0058, 0121, the first rotation member 63L/R rotates as the user swings their thigh, see Fig. 13, 14); wherein the proximal joint part includes a sliding surface (Fig. 23, a connector 71 slide across the surface of pulley case 65; the surface of pulley case 65 facing 71); a distal joint part rotatably connected to the distal support (Fig. 26, 30, bearing 76, par. 0134, bearing 76 is rotatable in θY2, allowing the distal support to also rotate); and a connector rotatably connected to the proximal joint part (Fig. 27, intermediate arm 72 and rail 73; Fig 13 and 14 shows rotation) and movably connected to the distal joint part in a longitudinal direction (Fig. 27, par. 0127, the connector 73 slides along 75).
Katoh is silent on wherein the connector includes a slider configured to guide a rotational motion of the connector with respect to the proximal joint part, wherein the slider is in contact with the sliding surface, wherein the slider is formed such that a surface of the slider is concave in a direction opposite to the sliding surface.
However, Schwenn teaches a hip thigh orthosis (Fig. 1), comprising of a proximal part (Fig. 1, hip engagement unit 10), a distal part (Fig. 1, pad 154), a proximal joint part (Fig. 11, hinge member 172) allowing rotation in a first axis (Fig. 11, axis A--A) and a second axis (Fig. 11, pivot joint member 174 provides a second axis perpendicular to the first axis, Fig. 11 shows bar 98 rotates along both axis), a sliding surface (Fig. 6, 7, surface of member 180), and a connector connecting the proximal joint part to the distal part (Fig. 11, bar 98 and arm member 176). Schwenn further teaches wherein the connector includes a slider (Fig. 11, 12, roller 178) configured to guide a rotational motion of the connector with respect to the proximal joint part (Fig. 11, 12, col. 8 line 9-11, “The arm member 176 rotatably mounts a follower member such as a roller 178 that rotates about a shaft journaled on the arm member 176”), wherein the slider is in contact with the sliding surface (col. 8, line 12-13, “A cam member 180 having a sloping cam surface engages the roller 178 to provide a force applying unit”; see Fig. 11, 12, the slider 178 moves along the sliding surface of cam member 180 to guide the rotational motion of the connector), wherein the slider is formed such that a surface of the slider is concave in a direction opposite to the sliding surface (Fig. 11, 12, the roller has a cylindrical shape and rotates along 180, therefore it is concave in a direction opposite to the sliding surface). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Katoh, with the slider and sliding surface of Schwenn, to engage the rotational motion of the connector with the sliding surface as taught by Schwenn (Schwenn, col. 8, line 7-26).
Regarding Claim 14, the modified Katoh discloses the motion assist apparatus of claim 13, wherein the proximal joint part is rotatably connected to the proximal support in an adduction direction or an abduction direction with respect to the hip joint of the user (Katoh, par. 0122-0123, Fig. 26, the connector rotates around axis 71RJ which is the adduction/abduction direction with respect to the hip joint).
Regarding Claim 15, the modified Katoh discloses the motion assist apparatus of claim 13, wherein the proximal joint part is rotatably connected to the proximal support in a flexion direction or an extension direction with respect to the hip joint of the user (Katoh, par. 0058, 0121, the first rotation member 63L/R rotates in the flexion/extension direction, see Fig. 13, 14).
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed 12/23/2025, with respect to the rejection(s) of claim(s) 13 and 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Shimizu and Schwenn.
Specifically, Claim 1 and 13 are amended to claim a slider and a sliding surface configured to guide a rotational motion, Schwenn discloses such slider (Fig. 11, 12). Applicant then argues that modifying Katoh with Shimizu requires complete redesign of the device of Katoh. However, Shimizu teaches a distal joint part that is rotatable around a third axis that is parallel to the second axis. Both Katoh and Shimizu include a similar slider/rail design (Shimizu, Fig. 1 slider 46), and the modification would merely require modifying the shape of the distal joint part to extend to the front side of the thighs as taught by Shimizu. Such modification would have been obvious and is within the skill of one in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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 KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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