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 .
Claim Objections
Claim 1,3, and 4 are objected to because of the following informalities:
Claim 1: To avoid improperly claiming portions of the human body and reciting method steps in a device claim, claim 1 should be read as follows:
A walking assistance device comprising:
a waist attachment portion configured to be attached to a waist;
a right knee attachment portion configured to be attached to a right knee;
a left knee attachment portion configured to be attached to a left knee; and
a wire that is extendable from the right knee attachment portion along a front surface of a right thigh, passable through the waist attachment portion, and extendable along a front surface of a left thigh to reach the left knee attachment portion,
wherein the wire is configured to assist
Claim 3: To avoid improperly claiming portions of the human body, claim 1 should be read as follows:
The walking assistance device according to claim 2,
wherein the wire guide includes a guide back surface portion configured to be arranged on a back surface side of the waist, and
wherein the wire extends from the right knee attachment portion to reach the wire guide, passes through the guide back surface portion of the wire guide, and reaches the left knee attachment portion.
Claim 4: To avoid improperly claiming portions of the human body, claim 1 should be read as follows:
The walking assistance device according to claim 2,
wherein the wire guide includes a guide back surface portion configured to be arranged on a back surface side of the waist, and a pair of guide front surface portions are configured to be arranged on a front surface side of the waist and adjacent to each other along a longitudinal direction of the waist attachment portion, and
wherein the guide front surface portions are swingably attached to the guide back surface portion, and
wherein the guide front surface portions are detachable from each other.
Appropriate correction is required.
Claim Rejections – 35 U.S.C. § 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 114795834 A).
Regarding claim 1, Chen discloses a walking assistance device (Figure 1 below; walking assistance device) comprising:
a waist attachment portion attached to a waist (Figure 1 below; where the waist attachment portion is attached to a waist);
a right knee attachment portion attached to a right knee (Figure 1 below; where there is a right knee attachment portion attached to a right knee);
a left knee attachment portion attached to a left knee (Figure 1 below; where there is a left knee attachment portion attached to a left knee);
and a wire that extends from the right knee attachment portion along a front surface of a right thigh (Figure 1 below; where the wire extends from the right knee attachment portion on the front surface of a right thigh);
passes through the waist attachment portion and extends along a front surface of a left thigh to reach the left knee attachment portion (Chen Figure 6; where ‘2021’ wire passes through the waist attachment portion to the left knee attachment portion along the front surface of the left thigh);
wherein the wire assists a motion of swinging the left thigh forward when the right thigh is kicked backward, and assists a motion of swinging the right thigh forward when the left thigh is kicked backward (Chen [0003]- foreign translation (background [02] English trans) Figure 1 below; where the wire attached to the left/right knee allows for each leg to move in a swinging motion because of the tension in the wire when moving).
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Figure 1: Annotated Figure 2 of Chen.
Claim Rejections – 35 U.S.C. § 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
Claims 2 and 3 are rejected under 35 U.S.C. 103 as obvious over Chen (CN 114795834 A) in view of Shimada (US 20180280178 A1).
Regarding claim 2, Chen further discloses the walking assistance device according to claim 1, wherein the wire extends from the right knee attachment portion to extend along a longitudinal direction, and reaches the left knee attachment portion (Figure 1 above; where the wire begins on the right knee attachment portion and longitudinally extends to the waist over to the left knee attachment portion).
Chen fails to disclose a wire guide wherein the wire is guided through the wire guide and extends along a longitudinal direction to reach the left knee portion.
Shimada discloses the walking assistance device,
wherein the waist attachment portion includes a wire guide extending along an outer periphery of the waist (Figure 2 below; where the waist attachment portion has a wire guide on the waist and extends through to the left/right side);
wherein the wire extends to the wire guide, is guided by the wire guide to extend along a longitudinal direction of the wire guide, and reaches the left knee portion (Figure 2 below; where there is a wire from the right knee attachment portion that is guided by a wire guide and extends longitudinally to the left knee attachment portion).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the walking assistance device of Chen to include a wire guide as taught by Shimada, since, the wire guide helps the wire to change paths in response to the bending and stretching of a leg, allowing for smoother movements (Shimada [0118]).
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Figure 2: Annotated Figure 7 of Shimada.
Regarding claim 3, modified Chen further discloses the walking assistance device according to claim 2.
Chen discloses the walking assistance device,
and wherein the wire extends from the right knee attachment portion to back surface and reaches the left knee attachment portion (Figure 1 above; where the wire begins on the right knee attachment portion and longitudinally extends to the waist over to the left knee attachment portion).
Chen fails to disclose a wire guide and a guide back surface portion.
Shimada discloses a walking assistance device,
wherein the wire guide includes a guide back surface portion arranged on a back surface side of the waist (Figure 2 above; where there is a guide back surface portion on the back surface of the waist);
and wherein the wire extends from the right knee portion to reach the wire guide, passes through the guide back surface portion of the wire guide, and reaches the left knee portion (Figure 2 above; where the wire from the right knee passes through the wire guide, through the guide back surface portion to the left side and reaches the left knee portion).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the walking assistance device of Chen to include a wire guide and a guide back surface portion as taught by Shimada, since, the wire guide helps the wire to change paths in response to the bending and stretching of a leg, allowing for smoother movements and because the guide back surface portion helps to extend the wire guide in the horizontal direction across the back of the waist for a smoother transition from one side to the other of the wire movements (Shimada [0118], [0199]).
Claim 4 is rejected under 35 U.S.C. 103 as obvious over Chen (CN 114795834 A) in view of Shimada (US 20180280178 A1) further in view of Yoshiyuki (WO 2010035706 A1).
Regarding claim 4, modified Chen discloses the walking assistance device according to claim 2, wherein the wire guide includes a guide back surface portion arranged on a back surface side of the waist (Figure 2 above; where there is a guide back surface portion on the back surface of the waist and the wire guide goes through);
and a waist attachment portion (Figure 1 above; where the waist attachment portion is attached to a waist).
Modified Chen fails to disclose a guide front surface portion arranged on a front side of the waist, that are swingably attached to the guide back surface portion and detachable from each other.
Yoshiyuki discloses a walking assistance device comprising:
a pair of guide front surface portions arranged on a front surface side of the waist and adjacent to each other along a longitudinal direction of the waist portion (Yoshiyuki Figure 3; where ‘120’ and ‘130’ are guide front surface portions on a front surface side of the waist);
and wherein the guide front surface portions are swingably attached to the back surface portion (Yoshiyuki Figure 3; where ‘30’ is a back surface portion and the guide front surface portions ‘120/130’ are swingably attached to the back surface portion);
and wherein the guide front surface portions are detachable from each other (Yoshiyuki Figure 3; where ‘140/142’ include means for the guide front surface portions ‘120/130’ to be detached/attached to each other).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the walking assistance device including the wire guide and a guide back surface portion of modified Chen to include a guide front surface portion that is swingably attached to the back surface portion and detachable from each other as taught by Yoshiyuki, since, the length of the guide front portion can be adjusted better to come into contact closer with the user’s waist and because having a detachable element allows for the release of the guide front surface portions and a user to be easier (Yoshiyuki Description-Of-Embodiments [031]).
Additionally, Shimada discloses guide portions (Shimada Figure 7; ‘54L/R’) that help guide the wires through the guide back surface portion ‘51’ from the left/right leg. It would have been obvious to a person of ordinary skill in the art to implement these guide portions to the front side of the waist in combination with the guide front portions of Yoshiyuki (Yoshiyuki Figure 3; ‘120/’130’), for better stability of the wire when the user releases or detaches the guide front surface portions to adjust the size of the waist circumference of the device or to take off (Yoshiyuki Description-Of-Embodiments [031]).
Claim 5 is rejected under 35 U.S.C. 103 as obvious over Chen (CN 114795834 A) in view of Hammerslag (US 20120246974 A1).
Regarding claim 5, modified Chen discloses the walking assistance device according to claim 3.
Modified Chen is silent to a full length adjusting tool that adjust a full length of the wire by winding a part of the wire.
Hammerslag discloses a reel based closure system,
further comprising a full length adjusting tool that adjusts a full length of the wire by winding a part of the wire (Hammerslag Figure 3; ‘62’ is the reel based adjustment tool for winding a full length of a wire, ‘55’ shows the wire in a sort of wire guide and ‘23’ is the wire, the knob adjusts (tightens/loosens) the length of the wire by twisting the knob ‘62’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the walking assistance device of modified Chen to include a full length wire adjusting tool as taught by Hammerslag, since, the full length wire adjusting tool allows for automatically distributed tightening forces along the length of the user, and because the tightening system closes the wires tighter together without loosening up with continued use (Hammerslag [0009]).
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Hu (CN 112603752 A): alternate guide front surface portions on a walking assistance device.
Lee (US 20190209413 A1): alternate guide back surface portion on a walking assistance device.
Ye (CN 213250964 U): alternate walking assistance device.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785