Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This office action is in response to the response to restriction on 3/17/2026. Applicant has chosen to elect claims 1-10. This election is made without traverse. The non-elected claims 30-33 and 35 have been withdrawn. Therefore, claims 1-10 remain pending in this application.
Drawings
3. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the claim limitation:
“Extension cable and a flexion cable” (claim 3, ln. 7-8)
“Extension cable and the flexion cable” (claim 7, ln. 1-2; claim 10, ln. 1-2)
Must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 1-10 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 is rejected due to an indefinite claim limitation. Claim limitation “mechanical and biomechanical signals” (claim 1 ln. 16-17; claim 1 ln. 18; claim 1 ln. 19) is indefinite. It is unclear what the difference between a “mechanical” and “biomechanical” signal is in this context, therefore the claim is found indefinite. For purposes of this examination, a “mechanical signal” is being interpreted to mean any signal/data in relation to the device itself. While, “biomechanical signal” is any data/signal in relation to data from the user’s body interacting with the device.
Claim 8 is rejected due to an indefinite claim limitation. Claim limitation “a delocalization mechanism including a deportation structural link” (claim 8, ln. 2) is unclear. It is unclear what part of the recited features in the claim are doing the action of “delocalizing” or “deportation” as currently claimed. Therefore, this claim is found indefinite. For purposes of this examination, this claim is being interpreted to mean a support component with two extremities, one connected to an actuator support element to support one of the knee or hip actuators, and a second extremity having a pivot connection element which connects to either the knee or hip pivot.
Remaining claims 2-7 and 9-10 are rejected due to being dependent on a rejected base claim.Claim Rejections - 35 USC § 103
6. 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- are rejected under 35 U.S.C. 103 as being unpatentable over Ortlieb et al. (US2019254908A1), in view of Soucy et al. (US2019336385A1).
7. Regarding claim 1, Ortlieb discloses a lower limb exoskeleton (abs.), comprising: a pelvic support belt configured to be positioned about a lower trunk of the user (para. 119, Structure comprises an upper support physical interface 101, such as a brace, with adjustable attachment means 101 (for example, Velcro bands or equivalent mean, such as belts), Fig. 1A, support physical interface 100 and attachment means 101); at least one thigh support element including two or more contact areas configured to be positioned in an agonist-antagonist configuration on a posterior part and an anterior part of a thigh of the user (Para. 78, a body shaped soft interface between the exoskeleton and the wearer is placed along the thigh of the user, para. 128, leg segment 310 may link pivot element 300 and second pivot element 400. Physical interface with thigh may be fastened to 310 and may be a brace in a soft tissue which can be strapped around thigh, strap has two or more contact areas and acts in an agonist-antagonist configuration with interface), the at least one thigh support element being rotationally connected to the pelvic support belt (Fig. 2B, First pivot element 300 between leg segment 310 and support physical interface 100); at least one hip joint actuator providing rotational motion of the at least thigh support element with respect to the pelvic support belt (para. 127, element 240 corresponds to the actuation unit of first pivot element 300, Fig. 2B, element 240); at least one shank support element configured to be positioned on a shank of the user (para. 78, a body shaped soft interface between the exoskeleton and the wearer placed under the knee, para. 121, second leg segment 410 links second pivot element 400 with foot element 500 may include a physical interface with lower leg. This interface maybe be semi rigid and made of soft tissue in contact with the body. It can be placed a little under the knee, the tibia, for example), the at least one shank support element being rotationally connected to the at least one thigh support element (Fig. 2B, Second pivot element 400 between leg segment 310 and leg segment 410); at least one knee joint actuator providing rotational motion of the at least one shank support element with respect to the at least one thigh support element (para. 127, element 320 corresponds to the actuation unit of second pivot element 400, Fig. 2B, element 320); a plurality of sensors positioned on the pelvic support belt, the at least one thigh support element, the hip joint actuator and the knee joint actuator, and at least one foot sensor configured to be positioned on a foot of the user, the plurality of sensors providing mechanical and biomechanical signals (para. 123, First pivot joint 200, first pivot element 300 and 400 may include absolute angular sensors such as potentiometers to allow a simple initialization of the device and a redundancy in the position sensing. Multiple sensors such as inertial measurement units and force sensors may be integrated within the physical interface elements 100 and/or 500, or at the connection point between the interfaces and the rest of the structure. These sensors may be used to detect the intention of the user, measure the reaction forces with the ground, measure the orientation of the device and the slope of the ground, etc. for example. Such sensors allow to control in closed loop the strength support provided by the device to the user); a control unit operatively connected to the plurality of sensors and at least one foot sensor for receiving the mechanical and biomechanical signals (para. 123, box element 120 is the box protecting the electronics of the device: for example, a
motherboard equipped with a wireless communication system and several motor boards to drive the motors, para. 104, The electronics includes three motor boards (drives) for the low level control of the six actuators and a Beagle Bone Black CPU board manages the high level controller), the control unit having stored thereon executable instructions for processing and analyzing the mechanical and biomechanical signals and generating motions set-points of movements of the user (para. 123, First pivot joint 200, first pivot element 300 and 400 may include absolute angular sensors such as potentiometers to allow a simple initialization of the device and a redundancy in the position sensing. Multiple sensors such as inertial measurement units and force sensors may be integrated within the physical interface elements 100 and/or 500, or at the connection point between the interfaces and the rest of the structure. These sensors may be used to detect the intention of the user, measure the reaction forces with the ground, measure the orientation of the device and the slope of the ground, etc. for example. Such sensors allow to control in closed loop the strength support provided by the device to the user, para. 123, box element 120 is the box protecting the electronics of the device: for example, a motherboard equipped with a wireless communication system and several motor boards to drive the motors, para. 104, The electronics includes three motor boards (drives) for the low level control of the six actuators and a Beagle Bone Black CPU board manages the high level controller); and a power unit operatively connected to the at least one knee joint actuator, the at least one hip joint actuator and the control unit (para. 124, Pack element 230 shows battery packs to power the device as source of electrical energy); wherein the at least one knee joint actuator and the at least one hip joint actuator transfer musculoskeletal stress from joints to body segments of lower extremities of a user, and therefore improve stability of the joints and a range of motion of the body segments (para. 127, actuation unit of first pivot element 300 and second pivot element 400 respectively and are detailed in FIGS. 4A to 4C. Motor units 241 and 321 corresponding to both pivot elements or joints 300 and 400 are fastened to first segment 210. A motor unit can comprise a motor, an angular sensor and a gear train all of them aligned on a single axis. A pulley with a helical groove such as elements 242 and 322 can be mounted on each motor unit axis which can be supported by ball bearings at each side of the pulley, para. 129, The actuation unit of second pivot element 400 is similar to the actuation unit of joint 300 but comprises one more stage. The first stage along hip segment 220 transmits the torque from pulley 322 to a double pulley 324 on joint 300 with a cable/rope. The second stage along first leg segment 310 transmits the torque from the double pulley 324 on joint 300 to a pulley 326 on joint 400. Under this
construction, joint 400 is coupled with joint 300 and the coupling ratio is dependent from the ratio of the radius of the pulley between pulleys 324 and 326. If a ratio of 1: 1 is taken between the radius of pulleys 324 and 326, the orientation of segment 410 is then decoupled from joint 300 based on the
world coordinate frame), by generating or dissipating biomechanical energy under directions of the control unit according to a computed level of energy corresponding to a musculoskeletal stress reduction at the joints of the lower extremities of the user necessary to compensate movements of the user, the generated or dissipated biomechanical energy being redistributed onto the lower trunk, the thigh and the shank of the user via the pelvic support belt, the at least one thigh support element and the at least one shank support element, respectively (para. 123, box element 120 is the box protecting the electronics of the device: for example, another board equipped with a wireless communication system and several motor boards to drive the motors, para. 104, The electronics includes three motor boards (drives) for the low level control of the six actuators and a Beagle Bone Black CPU board manages the high level controller).
Ortlieb does not explicitly state it’s at least one shank support element including two or more contact areas configured to be positioned in an agonist-antagonist configuration on a posterior part and an anterior part of a shank of the user.
However, Soucy teaches a lower body exoskeleton to help with load management (para. 9), which includes shank support element including two or more contact areas configured to be positioned in an agonist-antagonist configuration on a posterior part and an anterior part of a shank of the user (para. 54, first shin part 32 comprises a first shin segment 321 designed to extend along a first calf (right calf) of the user and attachment straps 322 capable of surrounding the first calf of the user, to attach the shin segment 321 to the first calf, para. 61, The second shin part 42 comprises a second shin segment 421 designed to extend along a second calf (left calf) of the user and attachment straps 422 capable of surrounding the second calf of the user to attach the second shin segment 421 to the second calf, both shin parts utilize a strap acting in a antagonist configuration with the shin part to attach to user’s legs).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second leg segment of Ortlieb to include the strapping mechanism taught by Soucy in order to make the device more securely attach to the body of a user around the shin/shank area.
Regarding claim 2, the modified Ortlieb exoskeleton includes, two thigh support elements, two shank support elements, two hip joint actuators, two knee joint actuators and two feet sensors (Ortlieb, Fig. 1, leg segments 310, pivot elements 300, pivot elements 400, foot elements 500, para. 123, multiple sensors such as inertial measurement units and force sensors may be integrated within the physical interface element 500, or at the connection point between the interface and the rest of the structure). Regarding claim 3, the modified Ortlieb exoskeleton includes, wherein each of the thigh support elements is rotationally connected to at least one of a shank support element via a knee pivot aligned with a center of rotation of a knee joint of the user and the pelvic support belt via a hip pivot aligned with a center of rotation of a hip joint of the user (Ortlieb, Fig. 2B, Second pivot element 400 between leg segment 310 and leg segment 410. First pivot element 300 between leg segment 310 and support physical interface 100), and wherein at least one of the knee joint actuators and the hip joint actuators are located remotely from the center of rotation of an associated joint of the user, the at least one of the knee joint actuators and the hip joint actuators transmitting rotational motion to an associated joint of the user via an extension cable and a flexion cable (Ortlieb, para. 128, For the actuation of joint 300, a cable/rope, pass around pulley 242 and is anchored to both sides of a pulley 244 that can have two parallel grooves. Pulley 244 can then be fastened to the first leg segment 310 where both are mounted
on a bearing, para. 129, The actuation unit of second pivot element 400 is similar to the actuation unit of joint 300 but comprises one more stage. The first stage along hip segment 220 transmits the torque from pulley 322 to a double pulley 324 on joint 300 with a cable/rope. The second stage along first leg segment 310 transmits the torque from the double pulley 324 on joint 300 to a pulley 326 on joint 400. Under this construction, joint 400 is coupled with joint 300 and the coupling ratio is dependent from the ratio of the radius of the pulley between pulleys 324 and 326).
Regarding claim 4, the modified Ortlieb exoskeleton includes, wherein each of the knee joint actuators and each of the hip actuators are located in a location selected from the group consisting of medially on a respective side portion of the pelvic support belt, on a lower back portion of the pelvic support belt, on a respective front portion of the thigh of the user, on a respective back portion of the thigh of the user and on a respective portion of the thigh support element between a hip joint of the user and a knee joint of the user (Ortlieb, Fig. 2B, pivot points 300 & 400 are both located medially. Meaning actuators both located medially on a respective side portion of the pelvic support belt).
Regarding claim 5, the modified Ortlieb exoskeleton includes, wherein the thigh support elements include a respective length adjustment mechanism (Ortlieb, para. 121, First leg segment 310 may be adjusted in length).
Regarding claim 6, the modified Ortlieb exoskeleton includes, wherein the length adjustment mechanism is selected from a group consisting of a slider mechanism and a screw mechanism (Ortlieb, para. 121, First leg segment 310 may be adjusted in length, para. 131, First assembly 700 includes a driving pulley 701 and a secondary pulley 702. second assembly 800 includes a driven pulley 801, a secondary pulley 803 and a tensioning pulley 802 that can slide along an axis and be locked to set the cable pre-load. Pulley 802 and 803 can be realized as one single pulley. Assembly 700 and 800 can slide relatively to each other to adjust the segment length, this along the same axis linking pulleys 701 to 801. As cable segment 901, between pulleys 702 and 803, and cable segment 902, between pulleys 701 and 801, are aligned with the axis of adjustability, the change of length of the segment will not affect the tension of the cable. This allows to adjust the length of segment 220 or 310 without changing the cables/rope length, meaning leg segment 310 is sliding along an axis).
Regarding claim 7, the modified Ortlieb exoskeleton includes, wherein the extension cable and the flexion cable each include a tension mechanism (Ortlieb, para. 130, The free pulleys 243/323 and 345 can be adjustable in position through a pushing screw in order to set the preload on cable/rope in segment 220 and 310, para. 131, second assembly 800 includes a tensioning pulley 802).
Regarding claim 10, the modified Ortlieb exoskeleton includes, wherein the extension cable and the flexion cable are formed by a single cable (Ortlieb, para. 131, The adjustability in length of the segment may be realized without replacing the cables using the following mechanism including a cable/rope 900, Fig. 5, single cable 900 system)
Allowable Subject Matter
8. Claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Bedard (US 20130023800 A1) and Teng et al. (US 12070433 B2) are load distribution devices with agonistic-antagonistic contact elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEC ROBERT WAHL whose telephone number is (571)272-9880. The examiner can normally be reached Monday - Friday 8:30 a.m. to 6:00 p.m..
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.R.W./Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights