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 .
Status of Claims
This present office action is responsive to the Application filed on February 1, 2024. As directed, claims 1-20 are presently pending in this application.
Claim Objections
Claims 1-18 and 20 are objected to because of the following informalities:
Claim 1 recites, “a thigh harness positioned” in ln 9-10 which Examiner suggest amending to read --a thigh harness configured to be positioned--
Claim 1 recites, “flexes user’s knees” in ln 15 which Examiner suggest amending to read --flexes the user’s knees--
Claim 1 recites, “with user’s arms” in ln 16 which Examiner suggest amending to read --with the user’s arms--
Claims 2-18 are objected by virtue of dependency to claim 1.
Claim 2 recites, “the front harness of the user” in ln 3 which Examiner suggest amending to read --the front harness--
Claim 3 recites, “wherein the back elastomeric element comprises two back elastomeric branches and forming a portion of the artificial myofascial tension line, each back elastomeric branch coupled to one thigh harness to be positioned on one thigh of the user, each” in ln 1-4 which Examiner suggest amending to read --wherein each-- as the limitations are already introduced in claim 1, ln 8-11.
Claim 5 recites, “towards an arm harness” in ln 3 which Examiner suggest amending to read --the arm harness--. For examination purposes, claim 5 is interpreted as to dependent to claim 4 as discussed in 112b rejection below.
Claim 8 recites, “through the back” in ln 3-4 which Examiner suggest amending to read --by passing across-- for clarity as it may read into “penetrating through” the user’s back.
Claim 9 recites, “the arm and the forearm harnesses” in ln 2 which Examiner suggest amending to read --a respective side of the arm and forearm harnesses-- as claim 8 introduces a set of one arm and forearm harnesses and a set of another arm and forearm harnesses.
Claim 9 recites, “an elbow tension line located on the user’s arm and a user’s forearm” in ln 4 which Examiner suggest amending to read --an elbow tension line configured to be located on the user’s arm and the user’s forearm--
Claim 10 recites, “further comprising a forearm harness coupled to the arm harness” in ln 1 which Examiner suggest amending to read --wherein a respective forearm harness coupled to a respective arm harness-- and amending limitation to read consistently with the suggestion within the rest of the claim.
Claim 11 recites, “at the shoulder level” in ln 8 which Examiner suggest amending to read --at a shoulder level--
Claim 14 recites, “a user’s calf” in ln 2 which Examiner suggest amending to read --the user’s calf--
Claim 17 recites, “a length” in ln 4 which Examiner suggest amending to read --the length-- as it is introduced in claim 11.
Claim 17 recites, “a user’s shoulder” in ln 9 which Examiner suggest amending to read --the user’s shoulder--
Claim 20 recites, “through the back” in ln 3-4 which Examiner suggest amending to read --by passing across-- for clarity as it may read into “penetrating through” the user’s back.
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 4-6, 11-13, and 17-18 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.
Regarding claim 4, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 5 recites, “the tension cable” in ln 3. There is insufficient antecedent basis for this limitation in the claim. Further, while claim 5 is indicated as dependent to claim 1, the limitation, “tension cable” is introduced in claim 4. Thus, it is unclear whether claim 5 is intended to be dependent to claim 4 instead of claim 1.
For examination purposes, it is interpreted as to --dependent to claim 4--. See claim objection for Examiner’s suggested amendments.
Claims 5-6 are rejected by virtue of dependency to claim 4.
Claim 11 recites, “the clutch structure” in ln 4 which renders claim indefinite. It is unclear whether the limitation is referring to the “shoulder clutch system” or newly introducing a clutch structure as described in ¶0105-0106,0158,0161 of the instant application.
Claims 12-13 and 17-18 are rejected by virtue of dependency to claim 4.
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.
Claims 1, 3, 14 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Arai et al. (US 20210077839 A1).
Regarding claim 1, Arai et al. discloses, a wearable exoskeleton (an assistive device 10, Figs 1-2) for a body of a user, the body of the user having a front side and a back side (¶0043, implies the user has a front side and a back side), a median plane and a back functional line located on the back side (a centerline of the back of the user is interpreted as to the “median plane” and area where components 16-20 lies onto the back of the user is interpreted as to the “back functional line” as shown in Figs 2-4), the exoskeleton comprising:
a front harness (a front portion of shoulder belts 22 of a first harness as shown in Fig 3) configured for positioning on the front side of the body and
a back structural plate (a control box 30 having a base 31 and a cover 32 as shown in Fig 4) configured for positioning on the back side of the body,
two shoulder bridges (a stiff member 50, Figs 10-11 connecting the front harness and the back plate) connecting the front harness and the back structural plate over shoulders of the body (¶0100, “a first harness 11 may include a stiff member 50 as a part to be hung on shoulder regions”);
a back elastomeric element (a second belt 17, Figs 1-4) having two back elastomeric element branches (a left second belt portion 19, a right second belt portion 20, Fig 1-4; ¶0049, “, a part of the belt body 13 (for example, the second belt 17) may be stretchable (elastically stretchable)”), each back elastomeric element branch being coupled to a thigh harness (a upper portion of a knee belt 25 as shown in Fig 4 connected to 19 and 20 via a fastener 40) positioned on a thigh of the user, the back elastomeric element being positioned to follow the back functional line of the body (19, 20 are arranged to follow the back function line in the lower back, hip and etc. as shown in Fig 4 capable forming an artificial myofascial tension line), to form an artificial myofascial tension line in the exoskeleton and to accumulate a potential energy when the back elastomeric element is elastically elongated (¶0049),
the back elastomeric element being configured to elongate either when the body of the user bends forward and/or flexes user's knees (Fig 6; ¶0078-0087, implies that tension forces created via the belts acts as an assist force for the user where the user bends forward or to an upright posture or flexing the knee and to assist lifting of an object via the winding/unwinding of the first belt 16), such that the exoskeleton transmits the accumulated potential energy to the user either when the user returns to a standing position thereby providing an additional force to the user to unbend or when lifting an object with the arm thereby providing the additional force to support and lift the object (¶0049,0078-0087); and
a pre-tension cable system (an actuator 14 Fig 5) coupled to the back structural plate and the back elastomeric element for setting an initial tension of the back elastomeric element (¶0075-77, provides a tension setting to the second belt via operation of winding and unwinding of the first belt 16).
Regarding claim 3, Arai et al. discloses the exoskeleton of claim 1 as discussed above.
Arai et al. further discloses wherein the back elastomeric element comprises two back elastomeric branches and forming a portion of the artificial myofascial tension line, each back elastomeric branch coupled to one thigh harness to be positioned on one thigh of the user (¶0049,0078-0087 as discussed in claim 1 above), each one back elastomeric branch configured to be positioned over gluteal muscles and at least in part over lumbar region following the back functional line of the user (as shown in Fig 4).
Regarding claim 14, Arai et al. discloses the exoskeleton of claim 1 as discussed above.
Arai et al. further discloses a calf harness (a lower portion of 25 as shown in Fig 4 which receives a portion of the user’s calf and coupled to the thigh harness) for receiving and adhering to a portion of the user's calf, the calf harness being coupled to the thigh harness.
Regarding claim 16, Arai et al. discloses the exoskeleton of claim 1 as discussed above.
Arai et al. further discloses, a use of the exoskeleton of claim 1 to displace the object (¶0049,0078-0087 as discussed in claim 1 above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shang et al. (machine translation of CN 108839006 A) in view of Doyle et al. (US 20120184880 A1; cited in the IDS filed 04/08/2024).
Regarding claim 19, Shang et al. discloses, a wearable exoskeleton (an exoskeleton of Fig 1) comprising:
two shoulder bridges (two symmetrical shoulder 56, Fig 2) connecting a back structural plate (a backplate 54, Fig 4) over shoulders of a user's body (as shown in Fig 4);
a back elastomeric element (straps 53 arranged along a functional back of the user, Fig 3) positioned to follow a back functional line of the user's body;
tension cables (a pull tube 34 of each arm is coupled to a supporting arm 1 via a pull wire 27 as shown in Fig 5) coupled to at least one arm harness (the supporting arm 1, Fig 5), to the back structural plate, and to the back elastomeric element (the pull tubes are indirectly coupled to the back structural pate and to the back elastomeric elements via belt and straps as shown in Fig 1);
a shoulder clutch system (a rachet wheel and pawl shaft 46 in Figs 5 and 10; PG 3, ln 29-34, “equipped with a ratchet wheel, the ratchet wheel matched with the pawl by the pawl shaft rotatably connected on the outer side of the shell, one end of the pawl is connected with the toggle handle”) connected to the at least one arm harness (the rachet wheel and pawl shaft are indirectly connected to the supporting arm 1 indirectly via the pull wire 27 as shown in Figs 1, and 3-5) and an arm structure (a coil spring shell 20) where an arm tension cable (27, Figs 9-10) can be reeled (claim 3, “the pull wire (27) is wound outside the coil spring shell (20) on the circumference and end gland (26) is fixed on the rolling spring shell (20)”; PG 5, ln 17-47, implies that that pull wire can be reel as rotation of the coil spring); and
a pre-tension cable system (a coil spring 22, Fig 9).
Shang et al. does not specifically disclose, a front harness.
However, Doyle et al. which is analogous art to the claimed invention for a system for supporting an arm of a user that includes a harness configured to be worn by the user (abstract, Fig 6A), teaches two shoulder bridges (226, Fig 6a) connecting to a front harness (222, Fig 6A) in purpose of balancing the load of the user’s arm by securing the attachment band around the torso (¶0049; Fig 7A).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the exoskeleton of Shang et al. to include a front harness in purpose of balancing the load of the user’s arm by securing the attachment band around the torso (¶0049; Fig 7A).
Allowable Subject Matter
Claims 4-6, 11-13, and 17-18 would be allowable if rewritten to overcome the rejections 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.
Claims 2, 7-10, 15, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the closest identified prior arts of record are Arai et al. (US 20210077839 A1), Afanasenko et al. (US 20070004570 A1), Ortega et al. (EP 3486037 A1), Shang et al. (machine translation of CN 108839006 A), and Yu et al. (US 20220143808 A1).
Regarding claim 2, Arai et al. discloses the pre-tension cable system (an actuator 14 Fig 5) which is located at the back of the user and configured to adjust the initial tension in the back elastomeric elements by winding/unwinding of the first belt (¶0075-77), but the prior art does not specifically suggest or teach wherein the pre-tension back cable system is coupled to: the front harness of the user, at least one cable guide attached to the back structural plate, and a connector attached to the back elastomeric element.
Regarding claim 4, Afanasenko et al. discloses, various supports 1 adapted for being mounted in the region of the patient's shoulders, elbows, hands, pelvic girdle, knees, feet, fingers, and toes, and having elastic tie-members are connected to the support (¶0034; Figs 1-3) and tension cables coupled to an arm harness (Figs 1-3), but the prior art does not specifically suggest or teach, the tension cables coupled to an arm harness and to the back structural plate while a back elastomeric element having two back elastomeric element branches, each back elastomeric element branch being coupled to a thigh harness positioned on a thigh of the user.
Regarding claim 7, Ortega et al. discloses, an elevated upper shoulder bridge surface (4a, Fig 7) and shoulder-engaging surface (10, Fig 3), but the elevated upper shoulder bridge surface is used to receive two flexible members (7, Fig 7) which is arranged to engage the respective arm of the person. The prior art does not teach or suggest the embodiment of claim 1. Thus, it is thus found that one having ordinary skill in the art at the time of the effective filing of the invention would only have arrived at the instantly claimed invention by way of improper hindsight reasoning.
Regarding claims 8, and 20, Afanasenko et al. discloses, various supports 1 adapted for being mounted in the region of the patient's shoulders, elbows, hands, pelvic girdle, knees, feet, fingers, and toes, and having elastic tie-members are connected to the support (¶0034; Fig 1-3), but the prior art does not specifically suggest or teach, an inter-arm elastomeric element, the inter-arm elastomeric element running from one arm and forearm harnesses to another arm and forearm harnesses through the back of the user and forming an arm tension line to assist the user's elbow joints.
Regarding claim 11, Shang et al. discloses, a shoulder clutch system (a rachet wheel and pawl shaft 46 in Figs 5 and 10; PG 3, ln 29-34, “equipped with a ratchet wheel, the ratchet wheel matched with the pawl by the pawl shaft rotatably connected on the outer side of the shell, one end of the pawl is connected with the toggle handle”) connected to the at least one arm harness (the rachet wheel and pawl shaft are indirectly connected to the supporting arm 1 indirectly via the pull wire 27 as shown in Figs 1, and 3-5) and an arm structure (a coil spring shell 20) where an arm tension cable (27, Figs 9-10) can be reeled (claim 3, “the pull wire (27) is wound outside the coil spring shell (20) on the circumference and end gland (26) is fixed on the rolling spring shell (20)”; PG 5, ln 17-47, implies that that pull wire can be reel as rotation of the coil spring), but the prior art does not specifically suggest or teach the embodiment of claim 1 and an arm tension cable connected to the shoulder clutch system and configured to be reeled inside the clutch structure, such that when the clutch system is activated, the clutch system is configured to block the arm tension cable winding, and, in turn, to fix a length of the arm tension cable, and when engaged, the shoulder clutch system allows the user, by moving downward the user's arms to pull on the back elastomeric element to get support at the shoulder level and also to use the potential energy stored in the elastomeric element to lift and handle the object.
Regarding claim 15, Yu et al. discloses, a knee actuation system coupled to the thigh harness (22, Fig 2) and the calf harness (25, Fig 2), the knee actuation system (3a, Fig 2) comprising a spring mechanism (a spring 35, Fig 3), but the prior art does not specifically discloses a knee cable configured to compress or expand the spring mechanism and the embodiment of claim 1. Thus, it is thus found that one having ordinary skill in the art at the time of the effective filing of the invention would only have arrived at the instantly claimed invention by way of improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hurley (US 20100125230 A1) is cited for back support system having general components of claim 1 as shown in Fig 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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