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 .
Information Disclosure Statement
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.
Claim 7 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 7 states “…wherein a third track is formed in the third mounting body, wherein opposite sides of the first link are coupled to be movable along the first track and the second track and rotatable, respectively, and wherein opposite sides of the second link are coupled to be movable along the second auxiliary track and the third track and rotatable, respectively.” It is unclear what structure the links are rotatable to, respectively.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (WO 2020202418 A1) in view of Sankai (US 20230263644 A1).
Regarding Claim 1, Yamamoto discloses an apparatus for assisting an active motion of a finger, the apparatus comprising (knuckle movement assisting unit 1402, Fig. 7B): a standard stabilizer (transmission members 4222, 4232, 4242, Fig.7B);
an active motion-specific elastic part configured to generate an elastic force in the first direction or a second direction being an opposite direction to the first direction (flexible resin pipes 4322 and 4332, Fig. 7B); and
a mounting part, to which one of the standard stabilizer, the hyperextension-specific stabilizer, and the active motion-specific elastic part is selectively coupled to be separable, and on which the finger is worn, wherein the mounting part includes (finger mounting member 4512, first attachment part 120A, second attachment part 130A, hand worn part 110, Fig. 7B):
a first mounting body mounted on a distal part of the finger (second attachment part 130A, Fig. 7B); and
a second mounting body connected to the first mounting body to be rotatable, and mounted on a central part of the finger, and (first attachment part 120A, Fig. 7B)
wherein the apparatus includes a first rotation limiting part provided between the first mounting body and the second mounting body, and configured to limit a first directional rotation range of the first mounting body (Fig. 7B).
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Yamamoto fails to disclose a hyperextension-specific stabilizer having a shape being bent in a first direction, in which the finger is extended.
However, Sankai, of the same field of endeavor, teaches an apparatus for assisting an active motion of a finger [0001] that includes a hyperextension-specific stabilizer having a shape being bent in a first direction, in which the finger is extended (polyarticular structure 40, Figs. 9A-B; [0117]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the hyperextension-specific stabilizer and standard stabilizer with the apparatus for assisting an active motion of a finger, as taught by Sankai. This combination would allow the apparatus to help the finger of the user perform the hyperextension motion and maintain the finger in the hyperextended position.
Regarding claim 2, Yamamoto further discloses wherein the first rotation limiting part includes (Fig. 7B):
a first inclined part formed on one side of a rear side of the first mounting body to be inclined; and (Fig. 7B)
a first auxiliary inclined part formed on one side of a front side of the second mounting body to be inclined (Fig. 7B).
Regarding claim 3, Yamamoto further discloses wherein the mounting part includes (finger mounting member 4512, first attachment part 120A, second attachment part 130A, hand worn part 110, Fig. 7B):
a third mounting body connected to the second mounting body to be rotatable, and mounted on a proximal part of the finger (hand worn part 110, Fig. 7B); and
a second rotation limiting part provided between the second mounting body and the third mounting body, and configured to limit the first directional rotation range of the second mounting body (Fig. 7B).
Regarding claim 4, Yamamoto further discloses wherein the second rotation limiting part includes (Fig. 7B): a second inclined part formed on one side of a rear side of the second mounting body to be inclined; and (Fig. 7B)
a second auxiliary inclined part formed on one side of a front side of the third mounting body to be inclined (Fig. 7B).
Allowable Subject Matter
Claims 5 and 6 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the prior art of record fails to teach, disclose or render obvious "wherein the standard stabilizer has a plurality of standard fixing bosses, wherein a plurality of hyperextension-specific fixing bosses are formed in the hyperextension-specific stabilizer, wherein a plurality of active motion-specific fixing bosses are formed in the active motion-specific elastic part, and wherein a plurality of fixing recesses, to which any one group of the plurality of standard fixing bosses, the plurality of hyperextension-specific fixing bosses, and the plurality of active motion-specific fixing bosses is coupled to be separable, are formed in the mounting part" in addition to other limitations.
Regarding claim 6, the prior art of record fails to teach, disclose or render obvious "wherein the mounting part includes: a first link connecting the first mounting body and the second mounting body such that the first mounting body and the second mounting body are rotatable; and a second link connecting the second mounting body and the third mounting body such that the second mounting body and the third mounting body are rotatable." in addition to other limitations.
Claim 7 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.
Regarding claim 7, the prior art of record fails to teach, disclose or render obvious " wherein a first track is formed in the first mounting body, wherein a second track and a second auxiliary track are formed on a front side and a rear side of the second mounting body, respectively, wherein a third track is formed in the third mounting body, wherein opposite sides of the first link are coupled to be movable along the first track and the second track and rotatable, respectively, and wherein opposite sides of the second link are coupled to be movable along the second auxiliary track and the third track and rotatable, respectively." in addition to other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang (US 20200129364 A1) disclosed bosses on the mounting body but did not disclose bosses on the three interchangeable stabilizers.
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/AMIRAH WRIGHT/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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