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 the Application
Claims 2-9 have been examined in this application. Claim 1 has been cancelled. This communication is Final Rejection in response to Applicant’s “Amendments/Remarks” filed on 05/29/2026.
Claim Objections
The claim objections made in the Non-Final Rejection on 12/29/2025 are withdrawn in light of the amendments to the claims filed on 05/29/2026.
However, Claim(s) 2 is further objected to because of the following informalities:
Regarding claim 2,
“A support device, comprising: the support mechanism defining an up-and-down direction and a front-and- back direction intersecting the up-and-down direction” should read “the support mechanism defining an up and down direction and a front and back direction intersecting the up and down direction;”.
Regarding claim 2,
“connected to the controller and configured” should read “connected to a controller”
“a controller configured to” should read “the controller configured to”
Appropriate correction is required.
Regarding claim 8, “[one or both of buttocks and upper legs of the human body]” should be deleted.
Regarding 9,
“a user can enter and exit” should read “the user can enter and exit”.
Claim Interpretation
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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a support mechanism configured to support” and “moving mechanism configured to move in claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claim(s) 2-3, 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakane (AU2015411108A1).
Regarding claim 2,
A support device, comprising: a support mechanism configured to support a user taking a nap or resting in an upright position (Nakane: FIG. 1 support member 1), the support mechanism defining an up-and-down direction (Nakane: FIG. 1 [0018] vertical direction) and a front-and- back direction intersecting the up-and-down direction (Nakane: FIG. 1 [0019] left right direction), the support mechanism comprising:
a first support member that has a slope facing upward in the up and down directions (Nakane: FIG. 4 [0033] lower leg pad 72) and supports a user from below by contacting at least one of a first knee and a second knee and at least one of a first lower leg and a second lower leg of the user from a front side of the user (Nakane: FIG. 4 [0027] contact with the front part of the lower leg (shin or knee));
a second support member that is disposed at a different position from the first support member when viewed from the up and down directions (Nakane: FIG. 4 [0033] seat surface 3) and supports the user from below by contacting at least one of a first buttock and a second buttock and at least one of a first upper leg and a second upper leg of the user from a back side of the user (Nakane: FIG. 4 [0034] sitting posture on the seating surface 3);
a third support member that is disposed at a position above the first support member and the second support member (Nakane: FIG. 4 [0034] trunk receiving section 51), contacts at least one of a first upper limb, a second upper limb, and a head of the user, and supports the user from at least one of a front direction and a back direction of the support mechanism (Nakane: FIG. 4 [0023] trunk receiving section 51 supports the trunk of the care receiver M from below);
a fourth support member that is arranged at a position lower than the first support member (Nakane: FIG. 4 [0014] foot rest 13) and the second support member and closer to the second support member than the first support member in the front and back directions when viewed from the up and down directions, and that contacts a first sole and a second sole of the user so that legs of the user are in a tilted posture with respect to the up and down directions and supports the user from below (Nakane: FIG. 4 [0033] feet of the care receiver M are positioned on the contact mark);
a moving mechanism configured to move one or more of the first support member, the second support member, and the fourth support member relative to another one of the first support member, the second support member, and the fourth support member in the up and down directions (Nakane: FIG. 4 [0060] control device 80 lowers the elevator 30 and forward-rotates the arm 40 in a coordinated manner for at least a part of a period from when the care receiver M is in the initial sitting posture); a plurality of sensors attached to each of the first support member, the second support member, and the fourth support member, the plurality of sensors being configured to measure loads or pressures received from the user (Nakane: FIG. 1 [0040] can be predicted by the extension and the weight of the care receiver M); a user interface communicably connected to the controller and configured to transmit requests from the user to the controller (Nakane: FIG. 1 [0031] standing-assistance operation is executed by the operator (the care receiver M or the caregiver), the control device 80 executes the standing-assistance program and controls the vertical movement of the elevator 30 and pivoting of the arm 40);
and a controller configured to control the moving mechanism and is configured to: receive, via the user interface, a usage time and a request to start using the support device (Nakane: FIG. 5A [0052] ΤΙ, T2, and T3 represent times, and P1(T1), P2(T2) and P3 (T3)); cause the plurality of sensors to measure the loads or pressures received from the user ; operate the moving mechanism over a range of positions to determine a plurality of different support-member position combinations (Nakane: FIG. 5 [0008] elevator and forward-rotates the arm in a coordinated manner for at least a part of a period of time from when the care receiver is in the initial sitting posture to the predetermined intermediate posture, and further executes a second operation that raises the elevator in a period from when the care receiver is in the predetermined intermediate posture to the standing posture), each of which causes a ratio of each measurement value of the plurality of sensors to be within a predetermined ratio range (Nakane: FIG. 5 [0070] M is when the mass supported by the holder 50 reaches a value that is equal to or greater than a predetermined percentage of the upper body mass of the care receiver M); during the usage time, change from a first one of the plurality of different support- member position combinations to a second one of the plurality of different support-member position combinations while maintaining the ratio of each measurement value within the predetermined ratio range (Nakane: FIG. 1 [0066] operation in which lowering the elevator 30 and forward-rotating the arm 40 is performed in a coordinated manner for at least a part of a period of time from the initial sitting posture to the intermediate posture);
and when the usage time has elapsed, control the moving mechanism so that at least one ratio of the measurement values that was within the predetermined ratio range is outside the predetermined ratio range (Nakane: FIG. 5 [0070] fifth intermediate posture time T2 of the care receiver M is when the inclination of the upper body of the care receiver M reaches a value that is equal to or greater than a predetermined value).
Regarding claim 3,
The support device according to claim 2, wherein the controller controls the moving mechanism so that at least the second support member moves relative to the first support member and the fourth support member in the up and down directions (Nakane: FIG. 1 [0035] control device lowers the elevator 30 and forward-rotates the arm 40 in a coordinated manner in accordance with the standing-assistance program).
Regarding claim 5,
The support device according to claim 2, wherein the user interface is configured to transmit the request to start using the support device and the usage time to the controller (Nakane: FIG. 1 [0035] forward-rotating the arm 40 is performed in a coordinated manner for at least a part of a period of time from the initial sitting posture to the intermediate posture).
Regarding claim 6,
The support device according to claim 2, wherein when usage time is transmitted from the user via the user interface and the usage time has elapsed (Nakane: FIG. 6A [0056] shoulder position Pa of the healthy subject rises and is located at Pa4 at time Ta4 of the standing posture), the controller controls the moving mechanism so that a ratio of the measured values of the plurality of sensors (Nakane: FIG. 1 [0029] control device 80 controls vertical movement of the elevator 30 and pivoting of the arm 40 to assist the care receiver M) that is within the predetermined ratio range is outside the predetermined ratio range to visually notify the user that the usage time has elapsed (Nakane: FIG. 1 [0057] trunk angle 0a is 3° at time Ta4 of the standing posture).
Regarding claim 7,
The support device according to claim 2, wherein the controller controls the moving mechanism during a period from when the usage time is transmitted from the user via the user interface until the usage time has elapsed (Nakane: FIG. 5 [0051] ΤΙ, T2, and T3 represent times, and P1(T1), P2(T2) and P3 (T3) represent the shoulder positions at ΤΙ, T2, and T3) the controller changes from the first one of the plurality of different support-member position combinations to the second one of the plurality of different support-member position combinations after one-third of the usage time has elapsed (Nakane: FIG. 6A [0056] shoulder position Pa of the healthy subject rises and is located at Pa4 at time Ta4 of the standing posture), and changes from the second one of the plurality of different support-member position combinations to a third one of the plurality of different support-member position combinations after two-thirds of the usage time has elapsed (Nakane: FIG. 5A [0052] ΤΙ, T2, and T3 represent times, and P1(T1), P2(T2) and P3 (T3)).
Allowable Subject Matter
Claim 4, 8-9 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.
Regarding claim 4, Nakune does not teach “a plurality of sensors comprises at least one first sensor attached to the first support member, at least one second sensor attached to the second support member, and at least one fourth sensor attached to the fourth support member.
Regarding claim 8, Nakune does not teach “posture of the seat is changed so that the angle formed by a link included in the link mechanism along the up and down directions becomes wider”.
Regarding claim 9, Nakune does not teach “a housing surrounding the support mechanism, the housing having a door through which a user can enter and exit”.
Response to Arguments
Applicant’s arguments, see Page No. 6-10, filed 05/29/2026, with respect to Claims 1-9 under 35 U.S.C. § 102 have been fully considered and are persuasive. The rejection of Claims 1-9 have been withdrawn in view of the prior art of Muller (US20200237474A1). However, upon further consideration, a new ground(s) of rejection under 35 U.S.C. 102(a)(1) is made in view of Nakane (AU201541108A1) with respect to Claim(s) 2-7.
Additionally, Applicant's arguments filed 05/29/2026 (see Page No. 6-10) specifically regarding the art of Muller (US20200237474A1) in view of Finlay (US20100064440A1) in further view of Schon (US7093900B1) in further view of Sato (JP2020099444A) have been fully considered and are persuasive.
The examiner respectfully agrees that Muller does not teach the claimed invention. The examiner referenced the prior art of Nakane in order to teach a posture assistance robot that changes a user’s posture overtime from a standing to semi-upright position. The posture assistance robot includes weight measuring, the cited support members, and the configuration of cited support members.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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, Justin Mikowski can be reached at (571) 272-8525. 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.
JOSEANE E. TEJADA
Examiner
Art Unit 3673
/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
8/18/2026
Prosecution Insights