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 16 is objected to because of the following informalities:
In claim 16, line 3 "a target part of a subject" should be changed to --the target part of the subject-- for consistency.
Appropriate correction is required.
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, 4, 6-10, and 12 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 claims 2, 4, 7, 9, 10 and 12 in each claim “a biological signal” or “a first biological signal” is unclear if the signal is the same or different than the biological signal in claim 1.
In claims 6 and 8 in multiple instances the limitations “can be” or “cannot be” are unclear if the method is to perform the function or not.
In claims 4 and 6 in multiple instances the limitation “a mode” is unclear if the mode is the same or in addition to the mode in claim 1.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Kesner (2019/0274911) or, in the alternative, under 35 U.S.C. 103 as obvious over Kesner (2019/0274911) in view of Goldfarb (2016/0051383).
With respect to claim 1, Kesner discloses a method (see system of 100, fig 1 and method described in flow chart fig 8) for configuring a device (104, fig 1) for assisting movement of a target part (arm/hand/ finger; figs 3A-3D) of a subject (see [0038]), the method comprising receiving a first signal (flexor EMG, see fig 9 and [0056]) at which the subject is attempting to move the target part with a first movement (grasping; [0056]), wherein the first signal at least indicates a first biological signal (EMG) at which the subject is attempting to move the target part with the first movement (see [0056]), a self- movable range of the target part at which the subject is attempting to move the target part with the first movement, and a magnitude of force at which the subject is attempting to move the target part with the first movement (see force, fig 13 and [0060]); selecting a mode (grasping or releasing; see [0058-59]) for controlling the device based on the received first signal (see fig 8; 805/806/809 and fig 13); and setting the device to the selected mode (see fig 8).
However, if there is any question that Kesner discloses selecting a mode, Goldfarb teaches method for configuring a device for assisting movement (400, fig 4) of a target part of a subject (prosthetic arm), the method comprising receiving a first signal (404, fig 4) at which the subject is attempting to move the target part with a first movement (406-408; fig 4); selecting a mode for controlling the device (410, fig 4; see [0050]) based on the received first signal; and setting the device to the selected mode (412, fig; see [0056-58]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kesner to include mode selecting as taught by Goldfarb so as to provide a specific action as intended by the user (see [0056-57] of Goldfarb).
With respect to claim 2, Kesner or the modified Kesner shows determining that the magnitude of the force is less than a predetermined threshold (see force at contact in fig 9 of Kesner being below force threshold); and receiving, as a first biological signal, a biological signal labeled to indicate the intention of making the first movement if the magnitude of the force is less than the predetermined threshold (see contact to full grasp in fig 9 of Kesner and [0056] of Kesner).
With respect to claim 3, Kesner or the modified Kesner shows selecting a mode for controlling the device comprises selecting a movement sensing mode when the subject is moving the target part within the self-movable range (see device angle in fig 9 and [0055-56] of Kesner), and wherein controlling the device in the movement sensing mode comprises sensing a movement by the target part of the subject; and controlling the device based on the sensed movement so as not to interfere with the movement (see [0055] of Kesner; where the angle determines how to control).
With respect to claim 4, Kesner or the modified Kesner shows selecting a mode for controlling the device comprises selecting a biological signal sensing mode at which the subject is moving the target part outside the self-movable range (see device angle in fig 9 and [0055-56] of Kesner), and wherein controlling the device in the biological signal sensing mode comprises: receiving a biological signal acquired when the subject intends to move the target part; determining that the movement intended by the subject is the first movement based on the biological signal; and controlling the device to assist the first movement (see [0055] of Kesner; where the angle determines how to control).
With respect to claim 5, Kesner or the modified Kesner shows receiving a second signal at which the subject is attempting to move the target part with a second movement (releasing, see [0059] of Kesner), wherein the second signal at least indicates a second biological signal (EMG extensor; fig 12 of Kesner) at which the subject is attempting to move the target part with the second movement (see fig 12 and [0056 and 59] of Kesner), a self-movable range of the target part at which the subject is attempting to move the target part with the second movement (see fig 12 and [0059]), and a magnitude of force (force; fig 12 of Kesner) at which the subject is attempting to move the target part with the second movement, wherein selecting a mode for controlling the device comprises selecting a mode for controlling the device based on the first signal and the second signal (see fig 12 and [0056 and 59] of Kesner).
With respect to claim 6, Kesner or the modified Kesner shows selecting a mode for controlling the device comprises determining whether the first biological signal can be distinguished from the second biological signal by features thereof (by determination of flexor or extensor signal; fig 12 of Kesner); and selecting a first mode, when the first biological signal can be distinguished from the second biological signal by the features thereof (whether the user intends to grab or release; fig 12 and [0056-59]).
With respect to claim 7, Kesner or the modified Kesner shows learning the feature of the first biological signal and the feature of the second biological signal when the first mode is selected; wherein controlling the device in the first mode comprises receiving a biological signal acquired when the subject intends to move the target part; determining whether the movement intended by the subject is the first movement or the second movement based on the learned features; and controlling the device to support the determined movement (via data storage and machine learning in [0041] using the user specific settings to determine the signals as in fig 12 of Kesner).
With respect to claim 8, Kesner or the modified Kesner shows selecting the mode for controlling the device comprises determining whether the first biological signal can be distinguished from the second biological signal by features thereof (by determination of flexor or extensor signal; fig 12 of Kesner); determining, when the first biological signal cannot be distinguished from the second biological signal by the features thereof, whether a biological signal at which the subject is in a state of weakness can be distinguished from the first biological signal or the second biological signal by intensity thereof (by force magnitude reaching in relation to the threshold as seen in fig 9 of Kesner); selecting a second mode, when the biological signal at which the subject is in a state of weakness can be distinguished from the first biological signal or the second biological signal by the intensity thereof; and selecting a third mode, when the biological signal at which the subject is in a state of weakness cannot be distinguished from the first biological signal or the second biological signal by the intensity thereof.
With respect to claim 9, Kesner or the modified Kesner shows controlling the device in the second mode comprises receiving a biological signal acquired when the subject intends to move the target part (‘user intent’ fig 13 of Kesner); determining whether the movement intended by the subject is the first movement or the second movement (see fig 13 and [0060] of Kesner), or a movement of weakness (‘object slips’ fig 13 of Kesner), based on the intensity of the biological signals (by force magnitude reaching in relation to the threshold as seen in fig 9 of Kesner); controlling the device to support either one of the first movement and the second movement when the movement intended by the subject is determined to be the first movement or the second movement (see [0059-60] and fig 13 of Kesner; where the force and angle are used to determine the users intent and movement); and controlling the device to assist the other one of the first movement and the second movement when the movement intended by the subject is determined to be the movement of weakness (see [0056-60] of Kesner).
With respect to claim 10, Kesner or the modified Kesner shows learning the feature of the first biological signal or the feature of the second biological signal and the feature of the biological signal in the state of weakness (see 103, fig 1 and [0059] of Kesner), when the third mode is selected, wherein controlling the device in the third mode comprises receiving a biological signal acquired when the subject intends to move the target part (see fig 9 and [0056-59] of Kesner); determining whether the movement intended by the subject is the first movement or the second movement, or a movement of weakness (‘object slips’ fig 13 of Kesner), based on the features of the biological signals (by force magnitude reaching in relation to the threshold as seen in fig 9 of Kesner); controlling the device to support either one of the first movement and the second movement when the movement intended by the subject is determined to be the first movement or the second movement; and controlling the device to assist the other one of the first movement and the second movement when the movement intended by the subject is determined to be the movement of weakness (can determine grasp, hold and release as seen in figs 9 and 12 of Kesner and [0056-59]).
With respect to claim 11, Kesner or the modified Kesner shows selecting the mode for controlling the device comprises determining whether the first biological signal can be distinguished from the second biological signal by intensity thereof (by force magnitude reaching in relation to the threshold as seen in fig 9 of Kesner); and selecting, when the first biological signal can be distinguished from the second biological signal by the intensity thereof, a fourth mode (can determine grasp, hold and release as seen in figs 9 and 12 of Kesner and [0056-59]).
With respect to claim 12, Kesner or the modified Kesner shows controlling the device in the fourth mode comprises receiving a biological signal acquired when the subject intends to move the target part; determining whether the movement intended by the subject is the first movement or the second movement based on intensity of the biological signal; and controlling the device to assist the determined movement (see figs 8-9 of Kesner where the method uses the signals and force to determine the intended movement and control; see [0056] of Kesner).
With respect to claim 13, Kesner or the modified Kesner shows the target part is a part of the upper body (arm/hand/finger; see figs 3A-3D of Kesner and [0038 and 43]).
With respect to claim 14, Kesner or the modified Kesner shows the target part is a finger (see fig 7 and [0038 and 43] of Kesner).
With respect to claim 15, Kesner or the modified Kesner shows the first movement is a hand-clenching movement (grasping) and the second movement is a hand-opening movement (releasing; see fig 8-9 and [0056]).
With respect to claim 16, Kesner discloses a system for assisting movement of a target part of a subject (100, fig 1), the system comprising a device (104, fig 1) for assisting movement of a target part of a subject (arm/hand/ finger; figs 3A-3D); acquisition means of acquiring a biological signal from the subject (processor; 102, fig 1); sensing means of sensing movement of the subject (101;105;106, fig 1); and control means (control software in processor 102; see [0042]) of controlling the device, the control means configured to perform receiving a first signal (via sensors as in figs 1 and 8 of Kesner) at which the subject is attempting to move the target part with a first movement (grasping; see [0056]), from the acquisition means and the sensing means, wherein the first signal at least indicates a first biological signal at which the subject is attempting to move the target part with the first movement (see [0056]), a self-movable range of the target part (releasing and grasping and angle of device as in figs 9 and 12 of Kesner) at which the subject is attempting to move the target part with the first movement, and a magnitude of force at which the subject is attempting to move the target part with the first movement (see force, fig 13 and [0060]); selecting a mode (grasping or releasing; see [0058-59]) for controlling the device based on the received first signal (see fig 8; 805/806/809 and fig 13); and setting the device to the selected mode (see fig 8).
However, if there is any question that Kesner discloses selecting a mode, Goldfarb teaches method for configuring a device for assisting movement (400, fig 4) of a target part of a subject (prosthetic arm), the method comprising receiving a first signal (404, fig 4) at which the subject is attempting to move the target part with a first movement (406-408; fig 4); selecting a mode for controlling the device (410, fig 4; see [0050]) based on the received first signal; and setting the device to the selected mode (412, fig; see [0056-58]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kesner to include mode selecting as taught by Goldfarb so as to provide a specific action as intended by the user (see [0056-57] of Goldfarb).
With respect to claim 17, Kesner discloses a storage medium (data storage memory; 103, fig 1) storing a program (control algorithm; see [0041-42]) for controlling a device for assisting movement of a target part of a subject, the causing a processor unit (102, fig 1) to perform processing (see [0042]) comprising receiving a first signal (via sensors as in figs 1 and 8 of Kesner) at which the subject is attempting to move the target part with a first movement (grasping), wherein the first signal at least indicates a first biological signal at which the subject is attempting to move the target part with the first movement (see [0056]), a self-movable range of the target part (releasing and grasping and angle of device as in figs 9 and 12 of Kesner) at which the subject is attempting to move the target part with the first movement, and a magnitude of force at which the subject is attempting to move the target part with the first movement (see force, fig 13 and [0060]); selecting a mode (grasping or releasing; see [0058-59]) for controlling the device based on the received first signal (see fig 8; 805/806/809 and fig 13); and setting the device to the selected mode (see fig 8).
However, if there is any question that Kesner discloses selecting a mode, Goldfarb teaches method for configuring a device for assisting movement (400, fig 4) of a target part of a subject (prosthetic arm), the method comprising receiving a first signal (404, fig 4) at which the subject is attempting to move the target part with a first movement (406-408; fig 4); selecting a mode for controlling the device (410, fig 4; see [0050]) based on the received first signal; and setting the device to the selected mode (412, fig; see [0056-58]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kesner to include mode selecting as taught by Goldfarb so as to provide a specific action as intended by the user (see [0056-57] of Goldfarb).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELSEY E BALLER/ Examiner, Art Unit 3785
/TU A VO/ Primary Examiner, Art Unit 3785
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