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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because Figures 2 and 6-11 each contain multiple figures which should be labeled separately. 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 § 102
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.
(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.
Claim(s) 16-23 and 25-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angold (WO2011/127471 A1, cited by applicant).
With respect to Claim 16, Angold discloses a system 221 for counterbalancing a weight force of an object fastenable to a traction cable 222 guidable in or on a cantilever 225 in the direction of a back structure 160 of the system, the system comprising: an electronic module including: an energy source (para. [0026], lines 1-2) for supplying the system with electrical energy; a winder 229 for winding up the traction cable; a motor M for driving the winder; and a controller 411,412; the system configured to determine a counterforce for the weight force of the object and to transmit the counterforce to the object (para. [0030], lines 5-7).
With respect to Claim 17, Angold discloses the system as recited in claim 16 wherein the counterforce is determined in a counterbalancing operation such that the weight force of the object is counterbalanced by the counterforce directed counter to the weight force (para. [0030], lines 5-7).
With respect to Claim 18, Angold discloses the system as recited in claim 17 wherein with the counterbalancing operation, a torque of the motor is determinable (via force sensor 413) depending on the weight force of the object.
With respect to Claim 19, Angold discloses the system as recited in claim 16 wherein the winder 229 for winding up the traction cable 222 is arranged in a region of the back structure (see Fig. 3) and the traction cable is windable up using the motor M and the winder.
With respect to Claim 20, Angold discloses the system as recited in claim 16 wherein the traction cable is guided via pulleys (Fig. 3, for example, shows unnumbered pulleys/rollers guiding cable 222) or a Bowden cable.
With respect to Claim 21, Angold discloses the system as recited in claim 16 wherein the cantilever 225 is accommodatable (as shown in Figs 1 and 3, for example) by the back structure 160.
With respect to Claim 22, Angold discloses the system as recited in claim 16 wherein the cantilever includes a back section (see annotated Fig. 1, below) and a head section 225 arranged perpendicular to one another.
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Partial of Fig. 1, Angold
With respect to Claim 23, Angold discloses the system as recited in claim 16 wherein the back structure includes a first contact region 150(a) and a second contact region 150(b) for contact with a user of the system.
With respect to Claim 25, Angold discloses the system as recited in claim 16 further comprising a support strut (see annotated Fig. 1, below) in order to introduce a tilting moment caused by the object into a first contact region of the system.
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Partial of Fig. 1, Angold
With respect to Claim 26, Angold discloses the system as recited in claim 16 wherein the cantilever 225 is guidable over a head of a user or next to the head of the user (in this case, it appears that the cantilever would be next to head of user).
With respect to Claim 27, Angold discloses the system as recited in claim 16 wherein the cantilever has at least one joint so that the cantilever is foldable (Fig. 4 appears to show 225 able to be tilted upward).
With respect to Claim 28, Angold discloses the system as recited in claim 16 wherein the cantilever includes a support point (end/tip of 225) for supporting the system on a wall.
With respect to Claim 29, Angold discloses an electronic module for counterbalancing a weight force of an object fastenable to the electronic module with a traction cable 222, the electronic module comprising: an energy source (para. [0026], lines 1-2) for supplying a system with electrical energy; a winder 229 for winding up the traction cable; a motor M for driving the winder; and a controller 411,412; the electronic module configured to determine a counterforce for the weight force of the object and to transmit the counterforce to the object (para. [0030], lines 5-7).
With respect to Claim 30, Angold discloses a kit comprising: the electronic module as recited in claim 29, the traction cable and at least one deflection pulley 235,236 for counterbalancing the weight force of the object.
Claim Rejections - 35 USC § 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 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) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Angold.
With respect to Claim 24, Angold does not teach a distance A between the first contact region and the second contact region is adjustable in order to adapt the system to the user and to counterbalance a tilting moment caused by the object.
However, one of ordinary skill in the art would have known that users are of different heights; specifically, different torso lengths. To accommodate the different torso lengths, an adjustable distance A between the first and second contact regions would be needed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Angold with an adjustable distance A so that users of different torso lengths would be able to use the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art shows various counterbalancing devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL M MARCELO whose telephone number is (571)272-6949. The examiner can normally be reached M-F 6:00 am-3:30pm EST.
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, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL M MARCELO/
Primary Examiner
Art Unit 3654
/emm/