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 .
Response to Amendment
This action is responsive to the amendment filed 04/23/2026. The replacement drawings filed 04/23/2026 are accepted and the previous drawing objection has been withdrawn. The previous claim objections and claim interpretations have been withdrawn in response to applicant’s amendments and arguments. Claim 21 is canceled and claim 22 is newly added thus claims 1-20 and 22 are pending.
Claim Objections
Claim 22 is objected to because of the following informalities:
In claim 22 ln 23-24 the limitation calling to maximum displacement occurring between the unloaded and loaded positions should be moved to after the introduction of the unloaded and loaded positions in ln 26
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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.
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.
Claims 1-4 and 7-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Romo (US 2018/0303699 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Romo in view of Kazerooni (US 2015/0230964 A1).
Regarding claim 1, Romo discloses a harness for a wearable assistance device (abstract) comprising: an inner support (#156 fig 4) configured to be attached to a first side of a body interface (#104 fig 3); a movable outer support (#102 fig 3-4) slidably coupled to the inner support (par 0075) and configured to connect to a wearable assistance device (see fig 7a/7b showing slots 115 of outer support allowing for connection of arm/shoulder assistance device 117, par 0079); and a strap attachment connected to the movable outer support and configured to be attached to a second side of the body interface that is opposite the first side of the body interface (see fig 7 showing straps 108/116 connecting to the outer support and wrapping around to connect to front side/second side/opposite side), wherein the movable outer support moves axially relative to the inner support from an unloaded position to a loaded position upon application of a load from the wearable assistance device (par 0075 discloses the outer support being able to slide axially along the slots 159/ see arrow in fig 4, it is therefore seen that this structure allows for axial movement from an unloaded to a loaded position).
In the event that applicant sees Romo as failing to discloses this free sliding allowing for axial movement, and instead sees Romo as disclosing an adjustable length securable by fasteners, Kazerooni teaches a similar harness for a wearable assistance device (abstract), with an inner support (#160 fig 7-8) and a movable outer support (#140 fig 7-8) capable of freely moving in the axial direction (see arrows 146 in fig 7-8, par 0063 disclosing freely sliding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the fastener and slots of Romo to allow free sliding as taught by Kazerooni as doing so allows for improved bending motion (Kazerooni: par 0063).
Regarding claim 2, Romo/modified Romo discloses the device of claim 1. Romo further discloses a movable connecting mechanism (#157/159 fig 4) is positioned at the inner support, at the outer support, or between the inner support and outer support (#159 is at outer support and #157 at inner support and thus the mechanism functions between the two supports), the movable connecting mechanism being configured to allow the outer support to be slidably coupled to the inner support (par 0075).
Regarding claim 3, Romo/modified Romo discloses the device of claim 2. Romo further discloses the movable connecting mechanism comprises at least one fastener (#157 fig 4, par 0075) receivable in at least one corresponding slot (#159 fig 4, par 0075).
Regarding claim 4, Romo/modified Romo discloses the device of claim 3. Romo further discloses a length of the at least one corresponding slot defines the maximum displacement of the outer support with respect to the inner support (as the length of slot #159 limits the extent of movement of fastener 157 it is seen that the slot length defines a maximum displacement).
Regarding claim 7, Romo/modified Romo discloses the device of claim 1. Romo further discloses a top portion of the inner support is configured to connect to the first side of a body interface (see fig 3-4 showing the inner support being surrounded by body interface component 104 therefore the inner support connects at a top portion to the first side of the body interface, portion of 104 between the users lumbar and the support), and a bottom portion of the outer support is configured to connect to the second side of the body interface via the strap attachment (see fig 14 showing straps 318 connecting to the bottom portion of the outer support and connecting to the front of the users body with other straps of the body interface).
Regarding claim 8, Romo/modified Romo discloses the device of claim 7. Romo further discloses the first side of the body interface is at a user's posterior trunk (see fig 14 showing inner support plate placed at posterior trunk), and the second side of the body interface is at a user's anterior trunk (see fig 14 showing straps 318 connecting the outer support to the anterior trunk).
Regarding claim 9, Romo/modified Romo discloses the device of claim 1. Romo further discloses the strap attachment includes at least one strap connected at one end to the outer support and at an opposite end to the second side of the body interface (#318 fig 14 connected to outer support at one end and other straps/body interface straps 332 in fig 15a).
Regarding claim 10, Romo/modified Romo discloses the device of claim 1. Romo further discloses each of the inner and outer supports is a plate (see fig 3-5).
Regarding claim 11, Romo/modified Romo discloses the device of claim 1. Romo further discloses the outer support is connected to at least one element of the wearable assistance device that provides assistive force (#117 fig 7a-b, par 0079-0082).
Regarding claim 12, Romo discloses a wearable assistance device (abstract, 117 fig 7a-b, par 0079-0082) comprising the harness of claim 1 (see Romo/modified Romo of claim 1 above).
Regarding claim 13, Romo discloses a harness for a wearable assistance device (abstract) comprising: an inner plate (#156 fig 4) configured to be attached to a first side of a body interface wearable by a user (#104 fig 3); a movable outer plate (#102 fig 3-4) slidably coupled to the inner plate (par 0075) and configured to connect to at least one element of a wearable assistance device that provides assistive force (see fig 7a/7b showing slots 115 of outer support allowing for connection of arm/shoulder assistance device 117, par 0079); and a strap attachment connected to the movable outer plate and configured to be attached to a second side of the body interface that is opposite the first side of the body interface (see fig 7 showing straps 108/116 connecting to the outer support and wrapping around to connect to front side/second side/opposite side), wherein the movable outer plate moves axially relative to the inner plate from an unloaded position to a loaded position upon application of a load from the wearable assistance device to balance against the assistive force (par 0075 discloses the outer support being able to slide axially along the slots 159/ see arrow in fig 4, it is therefore seen that this structure allows for axial movement from an unloaded to a loaded position).
In the event that applicant sees Romo as failing to discloses this free sliding allowing for axial movement, and instead sees Romo as disclosing an adjustable length securable by fasteners. Kazerooni teaches a similar harness for a wearable assistance device (abstract), with an inner plate (#160 fig 7-8) and a movable outer support (#140 fig 7-8) capable of freely moving in the axial direction (see arrows 146 in fig 7-8, par 0063 disclosing freely sliding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the fastener and slots of Romo to allow free sliding as taught by Kazerooni as doing so allows for improved bending motion (Kazerooni: par 0063).
Regarding claim 14, Romo/modified Romo discloses the device of claim 13. Romo further discloses the strap attachment includes at least one strap connected at one end to the outer plate and at an opposite end to the second side of the body interface (#318 fig 14 connected to outer support at one end and other straps/body interface straps 332 in fig 15a).
Regarding claim 15, Romo/modified Romo discloses the device of claim 14. Romo further discloses a bottom portion of the outer plate is connected to the one end of the at least one strap of the strap attachment (see fig 14 showing straps 318 connecting to the bottom portion of the outer plate at the one end and connecting to the front of the users body at the other end with other straps of the body interface).
Regarding claim 16, Romo/modified Romo discloses the device of claim 15. Romo further discloses the at least one strap runs under the arm of the user (see fig 14).
Regarding claim 17, Romo/modified Romo discloses the device of claim 13. Romo further discloses a movable connecting mechanism (#157/159 fig 4) is positioned at the inner plate, at the outer plate, or between the inner plate and outer plate (#159 is at outer support and #157 at inner support and thus the mechanism functions between the two supports), the movable connecting mechanism being configured to allow the outer plate to be slidably coupled to the inner plate (par 0075) and defines the maximum displacement of the outer plate with respect to the inner plate (as the length of slot #159 limits the extent of movement of fastener 157 it is seen that the slot length defines a maximum displacement).
Regarding claim 18, Romo/modified Romo discloses the device of claim 17. Romo further discloses the movable connecting mechanism comprises at least one fastener (#157 fig 4, par 0075) receivable in at least one slot (#159 fig 4, par 0075).
Claims 5-6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Romo/modified Romo as applied to claims 1 and 13 above, and further in view of Zelik (US 2019/0358074 A1).
Regarding claim 5, Romo/modified Romo discloses the device of claim 1. Romo is silent to one or more elastic elements couple the outer support to the inner support, and wherein the elastic element is configured to deform when the outer support moves relative to the inner support.
Zelik teaches a wearable assistive device that utilize elastic elements configured to deform when the spine/spinal support is elongated (par 0075).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an elastic band as taught by Zelik between the inner and outer support of Romo/modified Romo as doing so allows for the elastic to provide an assistive force during leaning and lifting activities (Zelik: par 0075).
Regarding claim 6, modified Romo discloses the device of claim 5. Zelik further discloses the one or more elastic elements are elastic bands (par 0075).
Regarding claim 19, Romo/modified Romo discloses the device of claim 1. Romo is silent to one or more elastic elements couple the outer and inner plates, and wherein the elastic element is configured to deform when the outer plate moves relative to the inner plate.
Zelik teaches a wearable assistive device that utilize elastic elements configured to deform when the spine/spinal support is elongated (par 0075).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an elastic band as taught by Zelik between the inner and outer support of Romo/modified Romo as doing so allows for the elastic to provide an assistive force during leaning and lifting activities (Zelik: par 0075).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Romo/modified Romo as applied to claim 13 above, and further in view of Van Engelhoven (US 2016/0339583 A1).
Regarding claim 20, Romo/modified Romo discloses the device of claim 13. Romo is silent to the body interface is a body armor vest.
Van Engelhoven teaches a wearable assistance device harness with a vest as a body interface (#114 fig 20-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize a body armor vest as taught by Van Engelhoven for the body interface of Romo/modified Romo as doing so can provide a more secure attachment to the wearer than straps and help to distribute the force throughout a larger contact with the wearer.
Allowable Subject Matter
Claim 22 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record Romo discloses a harness for a wearable assistance device (abstract) comprising: an inner support (#156 fig 4) configured to be attached to a first side of a body interface (#104 fig 3), wherein the inner support is an inner plate (see fig 3-5); a movable outer support (#102 fig 3-4) slidably coupled to the inner support (par 0075) and configured to connect to a wearable assistance device (see fig 7a/7bnshowing slots 115 of outer support allowing connection of arm/shoulder assistance device 117, par 0079), wherein the movable outer support is an outer plate (see fig 3-5) having a bottom portion configured to connect to a strap attachment (see fig 14 showing strap 318 connecting bottom portion of the outer), wherein the outer plate is formed of a rigid or substantially rigid material (par 0120 “posterior strut 302 may be rigid”); the strap attachment connected to the movable outer support and configured to be attached to a second side of the body interface that is opposite the first side of the body interface (see fig 14 showing strap 318 connecting bottom portion of the outer support and connecting to the front of the user’s body with other straps of the body interface), wherein the strap attachment includes one or more straps connecting at one end to the bottom portion of the outer plate (318 fig 14 connected to bottom portion at 324) and connecting at an opposite end to a front side of the body interface by running under a shoulder of a user (see fig 14 showing running under shoulder); a movable connecting mechanism (#157/159 fig 4) comprising at least one fastener (#157 fig 4, par 0075) mounted to the inner plate and extending through at least one corresponding slot or rail (#150 fig 4, par 0075) disposed on the outer plate, wherein a length of the at least one slot or rail defines a maximum displacement of the outer plate relative to the inner plate when the outer plate moves longitudinally from the unloaded position to a loaded position (as the length of slot 150 limits the extent of movement of fastener 157 it is seen that the slot length defines aa maximum displacement); and wherein the movable outer support moves axially relative to the inner support from the unloaded position to the loaded position upon application of the load from the wearable assistance device (par 0075 discloses the outer support being able to slide axially along the slots 159/ see arrow in fig 4, it is therefore seen that this structure allows for axial movement from an unloaded to a loaded position).
Romo is silent to one or more elastic elements coupling the outer plate to the inner plate and configured to deform when the outer plate moves relative to the inner plate, wherein the one or more elastic elements are contained within the harness and connect the inner plate and the outer plate, and wherein the one or more elastic elements resist sliding of the outer plate relative to the inner plate and return the outer plate to an unloaded position when a load is removed and wherein, as the outer plate slides longitudinally downward with respect to the inner plate, the one or more straps tighten to create a counterbalancing force to a force exerted by the inner plate on the back side of the body interface.
Additional relevant prior art of Zelik discloses the use of elastic elements (par 0075) and it may have been obvious to one of ordinary skill in the art to incorporate the elastic elements of Zelik onto the device of Romo as doing so allows for the elastic to provide an assistive force during leaning and lifting activities (Zelik: par 0075).
However, it would require significant adjustment of the strap configuration of Romo to achieve the claimed tightening to create a counter balancing force. As the strap of Romo does not connect to the inner plate directly, movement of the inner plate and outer plate would not result in a tightening of the strap since the distance between the strap ends would not be adjusted due to plate movement. Therefore, it would not have been obvious to one of ordinary skill in the art absent teaching to adjust the strap set up of Romo to achieve the claimed tightening. Thus claim 22 patentably defines over the prior art.
Response to Arguments
Applicant's arguments filed 04/23/2026 have been fully considered but they are not persuasive.
Applicant asserts that the device of Romo does not achieve the claimed unloading/loading movement of the inner and outer plates (see pg 10 of the response filed 04/23/2026), specifically asserting that the fasteners of Romo are designed to engage and lock the posterior strut of at a selected height relative to panel 156. While The design of Romo may be intended to allow for the fasteners to lock the inner and outer plates relative to each other it is seen that the locking of the plates is dependent upon how tightly the fasteners are fastened to the slot. Thus, it remains seen that the device of Romo is capable of sliding upon application of load when the fasteners are loosely secured within the slots. Therefore, the examiner upholds the 102 rejection as anticipated by Romo.
Applicant further asserts that the device of Romo could not be adjusted to achieve sliding as taught by Kazerooni, because the device of Romo is intended to have the outer support of Romo securely fastened to the inner support in order to resist the torque applied by the attached assistive device (see pg 10-11 of the response filed 04/23/2026) specifically pointing to par 0067 of Romo. However, par 0067 of Romo describes how the engagement of the inner and outer supports along with a wrap around the user’s waist allows for an applied torque to be resisted in relation to the supports. The elongated version is shown in fig 9B and surrounding par 0065-0069 disclose that the torque is also resisted in the shortened position shown in fig 9A, just to a different degree. As Romo has disclosed that torque is resisted in both a shortened and elongated position, it is thus seen that torque would be resisted (to varying degrees) when the support is in the positions between the shortened and long positions. Thus, it is seen that the ability to adjust between a shortened and elongated position would not interfere with Romo’s ability to resist torque, as the torque force is normal to the applied load force. Additionally, where the sliding of Romo is achieved by loosening the fasteners, such that sliding can only be achieved upon application of further load, it is seen that the fasteners still form a level of engagement between the inner and outer supports such that the different wear settings of Figs. 9a and 9b would otherwise remain in place. Therefore, the examiner upholds the 103 rejection of Romo in view of Kazerooni.
Applicant’s arguments are not persuasive and the examiner upholds the rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sandifer US 2010/0204630 A1 discloses a spina orthosis device utilizing slots and fasteners for length adjustment
Burke US 2014/0100501 A1 discloses a wearable device with a bias spring at a spinal elongation component
Carter US 8,992,452 B2 discloses a load carrier frame with slot and fastener adjustment
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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, Brandy Lee can be reached at (571) 270-7410. 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.
/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
Prosecution Insights