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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
Coupling portion (claims 1, 10, 11)
Expansion and contraction device (claims 1, 10, 11)
Power transmission portion (claims 1, 10, 11)
First power transmission path (claims 1, 11)
Second power transmission path (claims 1, 11)
First connection and disconnection mechanism (claims 1, 11)
Second connection and disconnection mechanism (claims 1, 11)
Control unit (claims 1, 10, 11)
Applied weight acquisition unit (claim 1)
Pivoting force acquisition unit (claim 10)
Traveling direction acquisition unit (claim 11)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3-10 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.
Claims 3 and 9 introduce a control unit, however, independent claim 1 already defines a control unit. Because it is unclear whether this second control unit is the same as the first, or is another separate control unit, the claims are indefinite.
Claims 5 and 10 state “the second member is configured to be attachable to the first portion of a wearing subject of the joint device out of the first portion and a second portion which pivots relative to the first portion.” This limitation is indiscernible. It is unclear what this limitation is defining or referring to.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 5 and 10 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claims 5 and 10 state “the second member is configured to be attachable to (a)the first portion of a wearing subject of the joint device out of the first portion and a second portion which pivots relative to the first portion” (emphasis added). This appears to claim the human body.
Claim Rejections - 35 USC § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goldfarb et al. (Pub. No.: US 2023/0092812).
Goldfarb et al. (hereinafter, Goldfarb) discloses a joint device comprising:
a first member (fig. 1, at label 34);
a second member 20 (fig. 1);
a coupling portion 12 which couples the first member and the second member so that an angle formed by the first member and the second member is changeable (e.g., para. 24); and
an expansion and contraction device 14 configured to change the angle formed by the first member and the second member by expanding and contracting (fig. 1, para. 25), wherein:
the expansion and contraction device 14 includes:
a power source (motor, para. 25); and
a power transmission portion (ECT, para. 25) configured to transmit power of the power source (para. 25);
the power transmission portion (ECT) includes:
a first power transmission path configured to transmit the power at a first transmission gear ratio (para. 16, high torque); and
a second power transmission path configured to transmit the power at a second transmission gear ratio different from the first transmission gear ratio (para. 26, low torque);
the expansion and contraction device 14 includes:
a first connection and disconnection mechanism configured to switch disconnection and connection of power in the first power transmission path (ring clutch, para. 29); and
a second connection and disconnection mechanism configured to switch disconnection and connection of power in the second power transmission path (carrier clutch, para. 29); and
the joint device further comprises:
a control unit 20 configured to control the power source, the first connection and disconnection mechanism, and the second connection and disconnection mechanism (para. 30-34, 42-43); and
an applied weight acquisition unit 28 which acquires an applied weight applied to the joint device, and
the control unit 20 controls at least one of the first connection and disconnection mechanism and the second connection and disconnection mechanism based on the applied weight acquired by the applied weight acquisition unit (para. 45).
For claim 2, Goldfarb discloses the joint device according to claim 1, wherein the control unit is configured to switch one of the first connection and disconnection mechanism and the second connection and disconnection mechanism to an engaged state when the applied weight acquisition unit acquires a transition from a state in which no applied weight is applied from an outside to a state in which an applied weight is applied from the outside (para. 45).
For claim 3, Goldfarb discloses the joint device according to claim 1, further comprising: a control unit 20 configured to control the power source, the first connection and disconnection mechanism, and the second connection and disconnection mechanism; and a traveling direction acquisition unit (IMU, para. 24) configured to acquire a traveling direction of a wearing subject of the joint device, wherein the control unit is configured to control at least one of the first connection and disconnection mechanism and the second connection and disconnection mechanism based on the traveling direction acquired by the traveling direction acquisition unit (para. 31).
For claim 4, Goldfarb discloses the joint device according to claim 3, wherein: when the first transmission gear ratio is a ratio of a post-shift rotation speed to a pre-shift rotation speed which is a rotation speed on a side of the power source in the first power transmission path and the second transmission gear ratio is a ratio of a post-shift rotation speed to a pre-shift rotation speed which is a rotation speed on the side of the power source in the second power transmission path (fig. 2A-B, 3A-B, para. 29), the first transmission gear ratio is configured to become smaller than the second transmission gear ratio (fig. 2A-B, 3A-B); the control unit brings the first connection and disconnection mechanism into an engaged state when the control unit acquires that the wearing subject moves upward in a vertical direction (swing phase from stance phase).
For claim 5, Goldfarb discloses the joint device according to claim 4, wherein: the second member is configured to be attachable to a first portion of the wearing subject out of the first portion and a second portion which pivots relative to the first portion; and the joint device further includes a pivoting force acquisition unit (IMU) which acquires a pivoting force of the first portion relative to the second portion (fig. 1, para. 24).
For claim 6, Goldfarb discloses the joint device according to claim 5, wherein the pivoting force acquisition unit acquires the pivoting force based on the angle formed by the first member and the second member (para. 24).
For claim 7, Goldfarb discloses the joint device according to claim 5 or 6, wherein the pivoting force acquisition unit acquires the pivoting force based on a length of the first portion (para. 24, fig. 1, 2a-b).
For claim 8, Goldfarb discloses the joint device according to claim 5, further comprising: an applied weight acquisition unit 28 configured to acquire an applied weight applied to the first member, wherein the pivoting force acquisition unit is configured to acquire the pivoting force based on the applied weight acquired by the applied weight acquisition unit (para. 24, 45).
For claim 9, Goldfarb discloses the joint device according to claim 5, further comprising: a control unit 20 configured to control the power source, the first connection and disconnection mechanism, and the second connection and disconnection mechanism (para. 30-34, 42-43), wherein the control unit is configured to control an amount of power generated from the power source based on the pivoting force acquired by the pivoting force acquisition unit (IMU, para. 24).
For claim 10, Goldfarb discloses a joint device comprising:
a first member (fig. 1, at label 34);
a second member 20 (fig. 1);
a coupling portion 12 which couples the first member and the second member so that an angle formed by the first member and the second member is changeable (e.g., para. 24); and
an expansion and contraction device 14 configured to change the angle formed by the first member and the second member by expanding and contracting (fig. 1, para. 25), wherein:
the expansion and contraction device 14 includes:
a power source (motor, para. 25); and
a power transmission portion (ECT, para. 25) configured to transmit power of the power source (para. 25);
the second member 20 is configured to be attachable to the first portion of a wearing subject of the joint device out of the first portion and a second portion which pivots relative to the first portion (fig. 1);
the joint device further comprises:
a control unit 20 configured to control the power source; and
a pivoting force acquisition unit (IMU, para .24) configured to acquire a pivoting force of the first portion relative to the second portion (para. 24); and
the control unit is configured to control an amount of power generated from the power source based on the pivoting force acquired by the pivoting force acquisition unit (fig. 2A-2B, 3A-3B).
For claim 11, Goldfarb discloses a joint device comprising:
a first member (fig. 1, at label 34);
a second member 20 (fig. 1);
a coupling portion 12 which couples the first member and the second member so that an angle formed by the first member and the second member is changeable (e.g., para. 24); and
an expansion and contraction device 14 configured to change the angle formed by the first member and the second member by expanding and contracting (fig. 1, para. 25), wherein
the expansion and contraction device 14 includes:
a power source (motor, para. 25); and
a power transmission portion (ECT, para. 25) configured to transmit power of the power source (para. 25);
the power transmission portion includes:
a first power transmission path configured to transmit the power at a first transmission gear ratio (para 26, high torque); and
a second power transmission path configured to transmit the power at a second transmission gear ratio different from the first transmission gear ratio (para. 26, low torque);
the expansion and contraction device 14 includes:
a first connection and disconnection mechanism configured to switch disconnection and connection of power in the first power transmission path (ring clutch, para. 29); and
a second connection and disconnection mechanism configured to switch disconnection and connection of power in the second power transmission path (carrier clutch, para. 29);
the joint device further comprises:
a control unit 20 configured to control the power source, the first connection and disconnection mechanism, and the second connection and disconnection mechanism (para. 30-34, 42-43); and
a traveling direction acquisition unit (IMU, para. 24) configured to acquire a traveling direction of a wearing subject of the joint device (para. 24); and
the control unit is configured to control at least one of the first connection and disconnection mechanism and the second connection and disconnection mechanism based on the traveling direction acquired by the traveling direction acquisition unit (fig. 2A-2B, 3A-3B).
Conclusion
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/SUBA GANESAN/Primary Examiner, Art Unit 3774