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 .
Information Disclosure Statement
The information disclosure statements filed on 01/27/2023 and 08/22/2023 have been received and considered.
Election/Restrictions
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/05/2026.
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.
Claims 1-6 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over US20150025423A1 to Caires et al. (hereinafter “Caires”) in view of CN111249117A to Tan et al. (hereinafter “Tan”).
Regarding claim 1, Caires discloses a motor unit for an exoskeleton system having an exoskeleton frame with a joint assembly configured to attach to an appendage of a user (Figs. 1, 6, & 8 exoskeleton 1, limb structures 2, See Annotated Fig. 8 for designation of the first motor plate, upper limb end portion 3a (second motor plate), motor 21; See generally Fig. 8 for the joint assembly; Paragraph 0105 discloses the exoskeleton is secured to a user’s legs), the motor unit comprising:
a motor support structure including a first motor plate rigidly attached to a second motor plate, the first motor plate being configured to mount to the joint assembly (See Annotated Fig. 8 for the designation of the first motor plate; Fig. 6 upper limb portion end 3a (second motor plate));
an electric motor mounted to the second motor plate and operable to produce a motor output torque at a motor output speed (Fig. 8 motor 21; Paragraph 0107 discloses the motor may be mounted to the upper limb portion end 3a; Paragraph 0112 discloses the motor outputs torque).
Caires does not disclose a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit. However, Tan teaches a joint for an exoskeleton which has a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit (Fig. 4 harmonic reducer 400, harmonic generator 410, power output member 300; Paragraph 011 discloses the harmonic drive unit is connected to the motor and affects the motor output “The component 300 is located on the other side of the fixed base plate 100 for connecting with the lower leg component; the harmonic reducer 400 includes a harmonic generator 410, a rigid wheel and a flexible wheel, and the harmonic generator 410 is installed on the output shaft of the power input device 200 In the above, one of the flexible wheel and the rigid wheel is connected to the housing of the power input device 200, and the other is movably penetrated through the mounting hole 110 to connect with the power output member 300, that is, a part of the harmonic reducer 400 is arranged in the In the casing”; Paragraph 012 discloses the harmonic reducer is used to decelerate and increase the output torque of motor 200; Paragraph 012 discloses “the power input device 200 and the power output member 300 are respectively arranged on both sides of the fixed base plate 100, the installation holes 110 are arranged on the fixed base plate 100, and the output shaft of the power input device 200 is connected with the output shaft of the power input device 200. The installation holes 110 are coaxially arranged, and a harmonic reducer 400 is installed between the power input device 200 and the power output member 300, and the harmonic reducer 400 is used to decelerate and increase the output torque of the power input device 200; One of the rigid wheel or the flexible wheel of the reducer 400 is connected to the housing of the power input device 200 , and the other is passed through the mounting hole 110 and then connected to the power output member 300”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Caires to further include a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit, as taught by Tan, in order to provide a means of decelerating and increasing the output torque of the motor (Paragraph 012; Paragraph 005 discloses the power output device may be a servo motor).
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Regarding claim 2, Caires in view of Tan discloses the motor unit of claim 1, and Caires as modified by Tan further discloses a first gear drivingly connected to the harmonic drive unit (Fig. 8 drive gear 23; Examiner notes that modified Caires would have the harmonic reducer of Tan positioned on the output axle 22 of Caires and thus be drivingly connected to the gear 23); a second gear rotatably attached to the first motor plate and meshingly engaged with the first gear (Fig. 8 driven gear 24 is rotatably attached to the designated first motor plate and meshingly engaged with gear 23).
Caires does not disclose a rotational position encoder operatively connected to the second gear and operable to determine therefrom a rotational position of the electric motor. However Tan teaches a powered exoskeleton joint which has a rotational position encoder operatively connected to the second gear and operable to determine therefrom a rotational position of the electric motor (Fig. 3 joint encoder 600; Paragraph 015 discloses the encoder helps control the output position of the power joint).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Caires to have a rotational position encoder operatively connected to the second gear and operable to determine therefrom a rotational position of the electric motor, as taught by Tan, in order to provide control over the output position of the power joint (Paragraph 015).
Regarding claim 3, Caires in view of Tan discloses the motor unit of claim 2, and Caires as modified by Tan further discloses wherein the first gear is interposed between and coaxial with the harmonic drive unit and the motor attachment device (Examiner notes that modified Caires would have its gear 23 between the harmonic reducer and the power output member of Tan).
Regarding claim 4, Caires in view of Tan discloses the motor unit of claim 3, and Caires as modified by Tan further discloses wherein the harmonic drive unit is interposed between and coaxial with the first gear and the electric motor (Examiner notes that modified Caires would have the harmonic drive unit Tan on the output shaft 22 of Caires and thus the harmonic drive unit would be coaxial with gear 23 and motor 21).
Regarding claim 5, Caires in view of Tan discloses the motor unit of claim 2, and Caires further discloses wherein the first gear is a first spur or bevel gear and the second gear is a second spur or bevel gear (Fig. 8 gear 23, gear 24; Paragraph 0113 discloses the gears may be bevel gears).
Regarding claim 6, Caires in view of Tan discloses the motor unit of claim 2, and Caires further discloses wherein the first gear rotates on a first axis and the second gear rotates on a second axis spaced from and substantially orthogonal or substantially parallel to the first axis (Fig. 8 gear 23 rotates on a first axis and gear 24 rotates on a second axis which is spaced from and orthogonal to the first axis).
Regarding claim 10, Caires in view of Tan discloses the motor unit of claim 1, and Caires as modified by Tan further discloses wherein the electric motor, the harmonic drive unit, and the motor attachment device are coaxial with one another on a first axis of rotation (Examiner notes that modified Caires would have the harmonic drive unit and the power output member of Tan on either side of the gear 23 of Caires. Thus the motor, harmonic drive unit, and motor attachment device would all be coaxial with each other on a first axis of rotation).
Regarding claim 11, Caires in view of Tan discloses the motor unit of claim 1, and Caires further discloses wherein the motor support structure further includes a third motor plate interposed between and rigidly attaching the first motor plate to the second motor plate (See Annotated Fig. 11 for designation of the third motor plate which is interposed between and attaches the first and second motor plates).
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Regarding claim 12, Caires in view of Tan discloses the motor unit of claim 11, and Caires further discloses wherein the first motor plate is substantially parallel or substantially orthogonal to the second motor plate (Fig. 8 & 11 the upper limb portion 3a is parallel to the designated first motor plate), and wherein the third motor plate is substantially orthogonal to the first motor plate and/or the second motor plate (Examiner notes that part of the third motor plate is orthogonal to the first and second motor plates; See Annotated Fig. 11).
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Regarding claim 13, Caires in view of Tan discloses the motor unit of claim 1, and Caires further discloses a motor unit housing rigidly attached to the motor support structure and containing therein the electric motor (Fig. 1 upper limb cover 10 is attached to the underlying structures which contains motor 21 therein).
Regarding claim 14, Caires in view of Tan discloses the motor unit of claim 1, and Caires as modified by Tan further discloses wherein the motor attachment device includes a substantially flat plate drivingly attached to the harmonic drive unit via a first gear to rotate in unison therewith (Examiner notes that the output member 300 of Tan is a flat plate which is modified to be drivingly attached to the harmonic reducer 400 of Tan with the gear 23 of Caires in between; Thus the harmonic drive unit would rotate in unison with the first gear).
Regarding claim 15, Caires discloses an exoskeleton system (Fig. 1 exoskeleton 1) comprising: an exoskeleton frame with a joint assembly configured to attach to an appendage of a user (Fig. 1 limb structure 2; See Fig. 8 generally for the joint assembly; Paragraph 0105 discloses the exoskeleton is secured to a user’s legs); and
a motor unit removably attachable to the joint assembly (Figs. 1, 6, & 8 See Annotated Fig. 8 for designation of the first motor plate, upper limb end portion 3a (second motor plate), motor 21; Examiner notes the motor is capable of being removed See Fig. 11), the motor unit including:
a motor support structure including a first motor plate rigidly attached to a second motor plate, the first motor plate being removably mounted to the joint assembly (See Fig. 6 and Annotated Fig. 8 for designation of the first motor plate which is mounted to upper limb end 3a);
an electric motor mounted to the second motor plate and operable to produce a motor output torque at a motor output speed (Fig. 8 motor 21; Paragraph 0112 discloses the motor outputs torque; Paragraph 0107 discloses the motor may be mounted to the upper limb portion end 3a).
Caires does not disclose a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit. However, Tan teaches a joint for an exoskeleton which has a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit (Fig. 4 harmonic reducer 400, harmonic generator 410, power output member 300; Paragraph 011 discloses the harmonic drive unit is connected to the motor and affects the motor output “The component 300 is located on the other side of the fixed base plate 100 for connecting with the lower leg component; the harmonic reducer 400 includes a harmonic generator 410, a rigid wheel and a flexible wheel, and the harmonic generator 410 is installed on the output shaft of the power input device 200 In the above, one of the flexible wheel and the rigid wheel is connected to the housing of the power input device 200, and the other is movably penetrated through the mounting hole 110 to connect with the power output member 300, that is, a part of the harmonic reducer 400 is arranged in the In the casing”; Paragraph 012 discloses the harmonic reducer is used to decelerate and increase the output torque of motor 200; Paragraph 012 discloses “the power input device 200 and the power output member 300 are respectively arranged on both sides of the fixed base plate 100, the installation holes 110 are arranged on the fixed base plate 100, and the output shaft of the power input device 200 is connected with the output shaft of the power input device 200. The installation holes 110 are coaxially arranged, and a harmonic reducer 400 is installed between the power input device 200 and the power output member 300, and the harmonic reducer 400 is used to decelerate and increase the output torque of the power input device 200; One of the rigid wheel or the flexible wheel of the reducer 400 is connected to the housing of the power input device 200 , and the other is passed through the mounting hole 110 and then connected to the power output member 300”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Caires to further include a harmonic drive unit drivingly connected to the electric motor and operable to modify the motor output speed and the motor output torque of the electric motor and a motor attachment device drivingly connected to the harmonic drive unit and configured to drivingly connect to the joint assembly and thereby transmit thereto the modified motor output torque at the modified motor output speed from the harmonic drive unit, as taught by Tan, in order to provide a means of decelerating and increasing the output torque of the motor (Paragraph 012; Paragraph 005 discloses the power output device may be a servo motor).
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Allowable Subject Matter
Claims 7-9 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, Caires in view of Tan, the closest prior art combination of record, discloses the motor unit of claim 1 but does not disclose “a motor plate reinforcement rail rigidly attached to the motor support structure and joining the first motor plate to the second motor plate”. Nor would it have been obvious to make such modifications. The modified device of Caires has a bearing and internal plate which joins the plates together and allows for movement of the lower limb portion relative to the upper limb portion (Fig. 8 bearing 30; See Annotated Fig. 11 above for designation of the internal plate which joins the first and second motor plates; Paragraph 0097). In order to make the required modifications, the entire joint assembly would need to be redesigned. Placing a reinforcement rail between the designated plates would inhibit movement of the plates relative to one another and destroy functionality.
Absent any new prior art made of record, it would not have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the required modifications.
Claims 8-9 depend from claim 7 and thus are found to contain allowable subject matter by virtue of their dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20170312153-A1 to Paul; US-20180055584-A1 to Farritor; US-20140276264-A1 to Caires; US-20130158444-A1 to Herr; US-20130081502-A1 to Long; US-20100076360-A1 to Shimada; US-20110296944-A1 to Carter; US-20190254914-A1 to Nam; US-20190262211-A1 to Son; US-20210178573-A1 to Yoneda; US-20210199522-A1 to Park; US-20210246950-A1 to Pawley; US-20210298936-A1 to Peisner; and US-20220176547-A1 to Smith.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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