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
Per the amendments to the claims, the claim objections have been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate both the left bending guide ‘12’ and the right bending guide ‘13’ in Figure 2. 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-3 and 6-8 are rejected under 35 U.S.C. 103 as obvious over Chen (CN 114795834 A) in view of Shimada (US 20180280178 A1) and further in view of Roh (US 20170119613 A1).
Regarding claim 1, Chen discloses a walking assistance device (Figure 1 below; walking assistance device) comprising:
a waist attachment portion configured to be attached to a waist (Figure 1 below; where the waist attachment portion is attached to a waist);
a right knee attachment portion configured to be 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 configured to be 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 is extendable 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);
passable through the waist attachment portion and extendable 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 is configured to assist 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).
Chen fails to disclose a guide back surface portion of a wire guide and bending guides.
Shimada discloses the walking assistance device wherein:
the waist attachment portion includes a wire guide including a guide back surface portion configured to be arranged on a back surface side of the waist (Figure 2 below; where the waist attachment portion has a wire guide on the waist and a guide back surface portion that is arranged on the back surface side of the waist);
and wherein the waist attachment portion further includes a pair of bending guides configured to be arranged on the front surface side of the waist, and the pair of bending guides are configured to bend the wire extending upward from the right knee attachment portion and the left knee attachment portion, and guide the wire to the wire guide (Figure 2 below; where there are a pair of bending guides ‘62L/R’ that are arranged on the waist and that are configured to bend the wire extending upwards from the right knee attachment portion and the left knee attachment portion, and guide the wire to the wire guide).
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 with a guide back surface portion and bending guides as taught by Shimada, since, the wire guide, with the bending guides, 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]).
Additionally, 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 bending guides with the positioning of the being arranged on the front surface side of the waist because it allows the wire to the left knee and right knee attachment portions on the front surface of the thigh to be guided to more smoothly to the left and right knee attachment portions.
Furthermore, since such a modification would simply involve merely moving the bending guides to be arranged on the front surface portion instead of the back surface portion of the waist without changing the operation of the device, because it would still allow for attachment to the left and right knee attachment portions, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04)
Modified Chen fails to disclose a V-shaped cross section, a guide front surface portion and the guide groove opening in a way away from the waist where the wire is exposed.
Roh discloses the walking device comprising:
a pair of guide front surface portions 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 (Figure 3 below; where there is a pair of guide front surface portions that are on the waist and adjacent to each other in a longitudinal direction of the waist attachment portion);
wherein a guide groove having a V-shaped cross section and opening in a direction away from the waist is formed in each guide front surface portion of the pair of guide front surface portions, the wire being exposed at the guide groove in the direction facing away from the waist (Figure 3 below; where the guide front surface portions have a guide groove for the wire that has a V-shaped cross section and opening away from the waist is formed in the guide front surface portions at each one because they are of each other and the wire is exposed at the V-shaped guide groove facing away from the waist).
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 guide front portions (left and right) with a V-shaped guide groove as taught by Roh, since, it helps to allow the wires to be directly contacted to fix both ends (left/right) of the assistance device (Roh [0078]).
Additionally, 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 guide portions with the positioning of the being arranged on the front surface side of the waist, thereby making them guide front surface portions because it allows the wire to the left knee and right knee attachment portions on the front surface of the thigh to be guided to more smoothly to the left and right knee attachment portions.
Furthermore, since such a modification would simply involve merely moving the guide portions to be arranged on the front surface portion, thereby making a guide front surface portion, instead of the side portion of the waist without changing the operation of the device, because it would still allow for attachment to the left and right knee attachment portions, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04)
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Figure 1: Annotated Figure 2 of Chen.
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Figure 2: Annotated Figure 7 of Shimada.
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Figure 3: Annotated Figure 3 of Roh.
Regarding claim 2, modified Chen in view of Roh further discloses the walking assistance device according to claim 1, wherein the wire guide extends along an outer periphery of the waist (Figure 2 above; where the wire guide extends along an outer periphery of the waist);
and wherein the wire extends from the right knee attachment portion 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 attachment portion (Figure 2 above; where the wire extends from the right knee attachment portion to the wire guide, and is guided by the wire guard a longitudinal direction of the wire guide to where it reaches the left knee attachment portion).
Regarding claim 3, modified Chen in view of Roh further discloses the walking assistance device according to claim 2, 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).
Regarding claim 6, modified Chen in view of Roh further discloses the walking assistance device according to claim 1.
Chen discloses the walking device wherein:
the wire that is extendable along the front surface of the right thigh is smoothly curved (Figure 1 above; where there is a wire that is extendable along the front surface of the right thigh and is smoothly curved because it has an even curve).
Chen fails to disclose a pair of bending guides.
Shimada discloses the walking device comprising:
passing through a right bending guide among the pair of bending guides (Figure 2 above; where there is a right bending guide ‘62R’ that has a wire passing through among the pair of bending guides ‘62L/R’).
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 bending guides as taught by Shimada, since, the wire guide, with the bending guides, 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]).
Roh discloses a walking device wherein:
a wire is guided to the guide groove of a right guide front surface portion of the pair of guide front surface portions of the wire guide (Figure 3 above; where there is a wire on the V-shaped guide groove of the right/left guide front surface portion of the wire guide, being guided to the right/left leg).
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 guide front portions (left and right) with a V-shaped guide groove as taught by Roh, since, it helps to allow the wires to be directly contacted to fix both ends (left/right) of the assistance device (Roh [0078]).
Regarding claim 7, modified Chen in view of Roh further discloses the walking assistance device according to claim 1.
Chen discloses the walking device wherein:
the wire that is extendable along the front surface of the left thigh is smoothly curved (Figure 1 above; where there is a wire that is extendable along the front surface of the left thigh and is smoothly curved because it has an even curve).
Chen fails to disclose a pair of bending guides.
Shimada discloses the walking device comprising:
passing through a left bending guide among the pair of bending guides (Figure 2 above; where there is a left bending guide ‘62L’ that has a wire passing through among the pair of bending guides ‘62L/R’).
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 bending guides as taught by Shimada, since, the wire guide, with the bending guides, 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]).
Roh discloses a walking device wherein:
a wire is guided to the guide groove of a right guide front surface portion of the pair of guide front surface portions of the wire guide Figure 3 above; where there is a wire on the V-shaped guide groove of the right/left guide front surface portion of the wire guide, being guided to the right/left leg).
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 guide front portions (left and right) with a V-shaped guide groove as taught by Roh, since, it helps to allow the wires to be directly contacted to fix both ends (left/right) of the assistance device (Roh [0078]).
Regarding claim 8, modified Chen in view of Roh further discloses the walking assistance device according to claim 1, wherein the guide back surface portion includes a guide hole that completely surrounds the wire in cross section (Figure 2 above; where there is a guide hole (the portion where the wires extend through to the start of the guide back portion) that completely surrounds the wire in cross section to allow it to go through the guide back surface portion from the right/left leg).
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 Roh (US 20170119613 A1) and even further in view of Yoshiyuki (WO 2010035706 A1).
Regarding claim 4, modified Chen in view of Roh further discloses the walking assistance device according to claim 2.
Modified Chen in view of Roh is silent to the guide front surface portions being swingably attached to the guide back surface portion and detachable from each other.
Yoshiyuki discloses a walking assistance device comprising:
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 of modified Chen in view of Roh to include the guide front surface portion being 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]).
Claim 5 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 Roh (US 20170119613 A1) and even further in view of Hammerslag (US 20120246974 A1).
Regarding claim 5, modified Chen in view of Roh further discloses the walking assistance device according to claim 3.
Modified Chen in view of Roh 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 in view of Roh 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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 5712707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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