CTNF 18/475,651 CTNF 101294 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION 1. This office action is in response to the filing of the application on 09/27/2023. Since the initial filing, no claims have been amended, added, or canceled. Thus, claims 1-16 are pending in the application. Claim Interpretation- 35 USC § 112 – Sixth Paragraph/35 USC § 112(f) 07-30-03 AIA 2. 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. 07-30-05 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. At present, no claims are interpreted under 35 USC 112(f). Claim Objections 3. Claim 16 are objected to because of the following informalities: Regarding claim 16, the phrase “a wearable module” (In 1) is objected for consistency. The claim recites “a wearable module,” but later recites “wherein the wearable modules comprises.” The phrase should be corrected to --wherein the wearable module comprises--. Claim Rejections - 35 USC § 112 07-30-02 AIA 4. 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. 07-34-01 AIA 5. Claim 14 is 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 pre-AIA the applicant regards as the invention. Regarding claim 14, the limitation “the second strap arm is provided covered by the strap body” (In 24) renders the claim unclear because the phrase “provided covered by” does not clearly define the relationship between the strap arm and the strap body. It is unclear whether the second arm is disposed beneath, embedded within, overlapped by, or otherwise covered by the strap. Because the claim does not clearly identify the structural relationship of the components, the metes and bounds of the claim cannot be determined for reasonable certainty. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 6. 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-6 and 8-16 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Choi et al (20170143574) . Regarding claim 1, Choi discloses a wearable module for supporting a part of a body of a user, the wearable module (FIG 1) comprising: a cover comprising a cover base configured to support a part of the body of the user, a first guide formed on the cover base (FIG. 3 depicts a first guide formed on the cover base 131. See Annotated Fig. 3 below.), and a second guide protruding from at least the cover base (FIG. 3 depicts a second guide formed on the cover base 131.) and provided substantially parallel to the first guide (FIG. 3 depicts the second guide formed parallel to the first guide.); and a fastening frame comprising a fastening body (FIG. 3 depicts the fastening frame 132 comprising a fastening body.), a pair of fastening protrusions protruding from the fastening body (FIG. 3 depicts the fastening frame 132 having a first protrusion extending from the top of the fastening frame and a second protrusion extending from the bottom of the fastening frame.), and a fastening rod connecting the pair of fastening protrusions and configured to be slidable between at least the first guide and the second guide body (FIG. 3 depicts the fastening frame 132 having a fastening rod located to the front of the frame that is configured be rotated and slidable between at the first guide and the second guide). PNG media_image1.png 815 794 media_image1.png Greyscale Regarding claim 2, Choi discloses a wearable module, wherein the fastening body is rotatable with one degree of freedom around the fastening rod (FIG. 3 depicts the fastening frame 132 being rotatable about the fastening rod, especially once inserted between the first and second guides of the cover base 131). Regarding claim 3, Choi discloses a wearable module, wherein each of the pair of fastening protrusions is positioned opposite to each other with respect to the second guide (FIG. 3 depicts the fastening frame 132 having an upper and lower protrusion positioned opposite with respect to the second guide when the fastening frame 132 is connected to the cover base 131). Regarding claim 4, Choi discloses a wearable module, wherein the fastening body, the pair of fastening protrusions, and the fastening rod at least partially surround the second guide (FIG. 3 depicts the fastening body 132, the pair of fastening protrusions, and the fastening rod 132 having the functionality to surround the second guide when the fastening frame 132 is connected to the cover base 131). Regarding claim 5, Choi discloses a wearable module, wherein the fastening rod comprises a circular cross-section cut in a direction perpendicular to a longitudinal direction of the fastening rod (FIG. 3 depicts the fastening rod 132 having a circular cross-section). Regarding claim 6, Choi discloses a wearable module, wherein the cover further comprises a guide cover protruding from the second guide in a direction toward the first guide and configured to cover the fastening rod (FIG. 3 depicts the cover 131 with the guide cover at the curve of the second guide protruding from the direction toward the first guide covering the fastening rod when attached). PNG media_image2.png 584 366 media_image2.png Greyscale Regarding claim 8, Choi discloses a wearable module, wherein a thickness of each of the pair of fastening protrusions is less than a distance between the guide cover and the first guide (FIG 3. depicts the pair of fastening protrusions that have a thickness and is less than a distance between the guide cover and the first guide when fastened). Regarding claim 9, Choi discloses a wearable module, wherein the cover further comprises a stopper positioned on a moving path of the fastening rod and configured for interfering with the fastening rod (FIG 3. depicts a stopper position on the cover base 131 on the moving path of the fastening rod and is configured for interfering with the fastening rod). Regarding claim 10, Choi discloses a wearable module, wherein the stopper protrudes from one of the cover base and the first guide (FIG 3. depicts a stopper position on the cover base 131 showing a protrusion from the cover base and first guide). Regarding claim 11, Choi discloses a wearable module, wherein the stopper is provided at a position spaced apart from the second guide in a longitudinal direction of the second guide (FIG 3. depicts a stopper position on the cover base 131 being positioned spaced between the second guide in a longitudinal direction of the second guide). Regarding claim 12, Choi discloses a wearable module further comprising: a strap connected to the cover and the fastening frame and configured for at least partially surrounding at least a part of the body of the user (FIG. 1 depicts a strap 1331 connected to the cover 131 and the fastening frame 132 and configured for at least partially surrounding at least a part of the body of the user). Regarding claim 13, Choi discloses a wearable module wherein the strap comprises: a strap body; a first strap arm extending from one end of the strap body and passing through the fastening frame and attached to an outer surface of the strap body; and a second strap arm extending from the other end of the strap body and passing through the cover and attached to an inner surface of the strap body. (FIGS. 1 and 3 depicts a strap body 135; a first strap arm 1331 extending from one end of the strap body 135 and passing through the fastening frame 132 and attached to an outer surface of the strap body; and a second strap 1331 arm extending from the other end of the strap body 135 and passing through the cover 131 and attached to an inner surface of the strap body). Regarding claim 14, Choi discloses a wearable module wherein the second strap arm is provided covered by the strap body ([0086] discloses wearable module wherein the second strap arm is provided covered by the strap body. FIG 3 depicts a wearable module wherein the second strap arm 1331 is provided covered by the strap body 135). PNG media_image3.png 674 901 media_image3.png Greyscale Regarding claim 15, Choi discloses a wearable module for supporting a part of a body of a user of a wearable motion assistance apparatus, the wearable module comprising: a cover comprising a cover base configured to support a leg and/or arm of the user ([0130] discloses the wearable module configured to support leg. FIG. 1 depicts wearable module with a cover base, configured to support leg. See Annotated Fig. 1 below.), a first guide formed on the cover base (FIG. 3 depicts a first guide formed on the cover base 131. See Annotated Fig. 3 below), and a second guide protruding from at least the cover base and provided parallel to the first guide (FIG. 3 depicts a second guide formed on the cover base 131 protruding and parallel to the first guide); and a fastening frame comprising a fastening body (FIG. 3 depicts the fastening frame 132 comprising a fastening body), a pair of fastening protrusions protruding from the fastening body (FIG. 3 depicts the fastening frame 132 having an upper and lower protrusions on the frame), and a fastening rod connecting the pair of fastening protrusions and configured to be slidable between at least the first guide and the second guide (FIG. 3 depicts the fastening frame 132 having a fastening rod located to the front of the frame that is configured be rotated and slidable between at the first guide and the second guide body). PNG media_image1.png 815 794 media_image1.png Greyscale Regarding claim 16, Choi discloses wearable motion assistance apparatus, comprising: a belt, an actuator, a driving frame, and a wearable module, wherein the driving frame is provided between at least the actuator and the wearable module (FIG. 1 depicts a wearable module, wherein the driving frame is provided between at least the actuator and the wearable module. See Annotated Fig. 1 below), wherein the wearable modules comprises: a cover comprising a cover base configured to support a leg and/or arm of the user ([0130] discloses the wearable module with a cover base, configured to support leg. FIG. 1 depicts wearable module configured to support leg.), a first guide formed on the cover base (FIG. 3 depicts a first guide formed on the cover base 131. See Annotated Fig. 3 above), and a second guide protruding from at least the cover base and provided substantially parallel to the first guide (FIG. 3 depicts a second guide formed on the cover base 131 protruding and parallel to the first guide); and a fastening frame comprising a fastening body (FIG. 3 depicts the fastening frame 132 comprising a fastening body), a pair of fastening protrusions protruding from the fastening body (FIG. 3 depicts the fastening frame 132 having an upper and lower protrusion on the frame), and a fastening rod connecting the pair of fastening protrusions and configured to be slidable between at least the first guide and the second guide (FIG. 3 depicts the fastening frame 132 having a fastening rod that is configured be rotated and slidable between at the first guide and the second guide body) . PNG media_image4.png 495 413 media_image4.png Greyscale Claim Rejections - 35 USC § 103 07-20-aia AIA 7. 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. 07-21-aia AIA 8. Claim s 7 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (20170143574) in view of Pedersen et al (20240293635) . Regarding claim 7, Choi does not disclose the distance between the guide cover and the first guide is less than a diameter of the fastening rod. However, Pedersen teaches a wearable module, wherein the distance between the guide cover and the first guide is less than a diameter of the fastening rod (FIGS. 11 & 12 depicts a wearable module, wherein an opening 280 between opposing guide surfaces is less than the diameter 282 of a retained cylindrical post 260. Pedersen further discloses that such dimensional relationship provides interference fit that improves retention and reduces inadvertent disengagement of the retained member [0211 - 0213]. See Annotated Fig. 11 & 12 below). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable module of Choi to incorporate the spacing relationship taught by Pedersen because Pedersen teaches that providing an opening dimension smaller than the diameter of the retained rod member creates interference fit that improves retention and resists inadvertent disengagement. Applying the known spacing relationship taught by Pedersen to the fastening rod and guide structure of Choi would have represented the predictable use of a known fastening retention arrangement to achieve the expected result of securing engagement of the fastening rod. PNG media_image5.png 710 616 media_image5.png Greyscale Conclusion 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEROME PRATT whose telephone number is (571)272-8454. The examiner can normally be reached on Mon - Fri 7:00-4:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached on 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LDP/ Examiner, Art Unit 3785 /TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/475,651 Page 2 Art Unit: 3785 Application/Control Number: 18/475,651 Page 3 Art Unit: 3785 Application/Control Number: 18/475,651 Page 4 Art Unit: 3785 Application/Control Number: 18/475,651 Page 5 Art Unit: 3785 Application/Control Number: 18/475,651 Page 6 Art Unit: 3785 Application/Control Number: 18/475,651 Page 7 Art Unit: 3785 Application/Control Number: 18/475,651 Page 8 Art Unit: 3785 Application/Control Number: 18/475,651 Page 9 Art Unit: 3785 Application/Control Number: 18/475,651 Page 10 Art Unit: 3785 Application/Control Number: 18/475,651 Page 11 Art Unit: 3785 Application/Control Number: 18/475,651 Page 12 Art Unit: 3785 Application/Control Number: 18/475,651 Page 13 Art Unit: 3785
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