DETAILED ACTION
This office action is in response to the claims filed 12/19/2023. Claims 1-24 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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 visualization system configured to provide the feedback to the user” in claim 3.
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.
(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.
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.
Claim(s) 1-4, 7, 9, and 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al (CN112587378A).
Regarding claim 1, Wu discloses a perception system for a lower body powered exoskeleton device, the perception system comprising: a camera (2) (perception module can be a camera) configured to capture one or more images of terrain in proximity to the exoskeleton device (para [0048]); and at least one processor (processor can be used to execute the steps of the vision-based exoskeleton robot footprint planning method) (para [0086]) programmed to: perform footstep planning for the exoskeleton device based, at least in part, on the captured one or more images of terrain; and issue an instruction to perform a first action based, at least in part, on the footstep planning (terrain perception module (2) is used to acquire terrain data of the environment and generate a three-dimensional map of the terrain, and the footprint planning module (3) is used to calculate the footprint sequence to reach the target position based on the position and direction of the target obtained by the intent recognition module (1) and the three dimensional map of the terrain obtained by the terrain perception module (2)) (para [0046]).
Regarding claim 2, Wu discloses that issuing an instruction to perform a first action comprises issuing an instruction to provide feedback to a user of the exoskeleton device based, at least in part on the footstep planning (includes holographic display module (4) used to display the calculated footprint sequence to the exoskeleton wearer in the spatial coordinate system of the real world) (para [0046]).
Regarding claim 3, Wu discloses that issuing an instruction comprises sending information to a visualization system configured to provide the feedback to the user (calculated footprint sequence is holographically displayed to the exoskeleton wearer in the spatial coordinate system of the real world) (para [0084]).
Regarding claim 4, Wu discloses that performing footstep planning for the exoskeleton device comprises determining a location of one or more footstep targets (para [0076]), and sending information to the visualization system comprises sending information associated with the location of the one or more footstep targets (para [0084]).
Regarding claim 7, Wu discloses issuing an instruction to perform a first action comprises issuing an instruction to a controller of the exoskeleton device to set one or more gait parameters of the exoskeleton device based, at least in part on the footstep planning, wherein the one or more gait parameters of the exoskeleton are selected from the group consisting of step length, step height, and step timing (candidate footholds are defined by a vector defined by gait features, which encode changes in the current position, and candidate footholds with different step lengths are calculated, and therefore the gait parameters are selected from a step length) (para [0063])
Regarding claim 9, Wu discloses the terrain includes a step, and performing footstep planning comprises determining at least one footstep target location for the exoskeleton device on the step (footstep target locations (candidate footholds) are calculated based on terrain features, gait features, and tracking features) (para [0063]).
Regarding claim 21, Wu discloses a device whose ordinary use discloses a method of providing assistive feedback to a user of a lower body powered exoskeleton device, the method comprising: receiving one or more images of terrain in front of the exoskeleton device (obtain high resolution 3D data of the environment) (para [0048]); performing, by at least one processor (processor can be used to execute the steps of the vision-based exoskeleton robot footprint planning method) (para [0086]), footstep planning for the exoskeleton device, the footstep planning being performed based, at least in part, on the one or more images of terrain; and providing assistive feedback to the user of the exoskeleton device based, at least in part, on the footstep planning (terrain perception module (2) is used to acquire terrain data of the environment and generate a three-dimensional map of the terrain, and the footprint planning module (3) is used to calculate the footprint sequence to reach the target position based on the position and direction of the target obtained by the intent recognition module (1) and the three dimensional map of the terrain obtained by the terrain perception module (2)) (para [0046]).
Regarding claim 22, Wu discloses a system, comprising: a lower body powered exoskeleton device configured to be worn by a user (para [0047]); a perception system (2) (perception module can be a camera) configured to capture one or more images of terrain in proximity to the exoskeleton device (para [0048]); an augmented reality (AR) system (4) (holographic display module can be a mixed reality display device) configured to be worn by the user (para [0048]); and at least one processor (processor can be used to execute the steps of the vision-based exoskeleton robot footprint planning method) (para [0086]) programmed to: perform footstep planning for the exoskeleton device based, at least in part, on the one or more images of terrain (terrain perception module (2) is used to acquire terrain data of the environment and generate a three-dimensional map of the terrain, and the footprint planning module (3) is used to calculate the footprint sequence to reach the target position based on the position and direction of the target obtained by the intent recognition module (1) and the three dimensional map of the terrain obtained by the terrain perception module (2)) (para [0046]); and send first information based on a result of the footstep planning to the AR system (4) for presentation by the AR system (4) to the user (holographic footprint sequence (footprints, with the white square on the left corresponding to the left foot and the gray square on the right corresponding to the right foot) can be seen by the wearer) (para [0050]).
Claim Rejections - 35 USC § 103
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 of this title, 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-6, 10-14, 17-18, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu as applied to claims 1-3, 13, and 22 above, and further in view of Sandler (2016/0045386).
Regarding claim 5, Wu discloses performing footstep planning.
Wu does not disclose that performing footstep planning for the exoskeleton device comprises determining a location of one or more crutch targets to place a crutch configured to be used with the exoskeleton device, and sending information to the visualization system comprises sending information associated with the location of the one or more crutch targets.
However, Sandler teaches an exoskeleton device (602) including crutches (611), a display system (604), and a controller (603), wherein the controller is configured to perform footstep planning comprising determining a location of one or more crutch targets (606) to place a crutch (611) configured to be used with the exoskeleton device (602), and sending information to the visualization system (604) comprises sending information associated with the location of the one or more crutch targets (606) (para [0072]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by providing crutches, and wherein performing footstep planning for the exoskeleton device comprises determining a location of one or more crutch targets to place a crutch configured to be used with the exoskeleton device, and sending information to the visualization system comprises sending information associated with the location of the one or more crutch targets as taught by Sandler in order to allow the exoskeleton device to be used with crutches, and display the foot and crutch placement to shorten the time spent by the learning to use the exoskeleton system, allowing for more rapid use in rehabilitation and greater rehabilitative benefit (Sandler, para [0073]).
Regarding claim 6, Wu discloses issuing an instruction to provide feedback comprising providing visual feedback to a user.
Modified Wu does not disclose issuing an instruction to provide feedback comprises one or more of: issuing an instruction to an audio system to output audio including the feedback, issuing an instruction to a haptic system to output haptic feedback to the user, or issuing an instruction to provide at least two of visual, audio, and haptic feedback to the user.
However, Sandler in figs 8-9 teaches an exoskeleton device including a controller (803), wherein the controller is configured is perform a balance estimation based on feedback from ground force sensors (804) on foot structures (805), and the controller is configured to issue an instruction to a haptic system (807) (feedback belt includes vibratory motors) to output haptic feedback to the user (para [0080]), and in fig 9 discloses the controller configured to issue an instruction to an audio system (904, 905) (left, right speakers) to output audio including the feedback (para [0087]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by providing foot structures of the exoskeleton device with foot structures with ground force sensors, and configuring the controller to perform a balance estimation based on feedback from ground force sensors, and to issue an instruction to provide feedback comprises one or more of: issuing an instruction to an audio system to output audio including the feedback, issuing an instruction to a haptic system to output haptic feedback to the user, or issuing an instruction to provide at least two of visual, audio, and haptic feedback to the user based on a determined center of pressure determined by the controller as taught by Sandler in order to allow center of pressure information to be transmitted to the patient restoring a sense of, and aptitude for, balance for patients with loss of sensation in the lower limbs (Sandler, para [0081]).
Regarding claim 10, Wu discloses at least one processor.
Wu does not disclose the at least one processor is further programmed to: perform balance estimation associated with the exoskeleton device; and issue an instruction to perform a second action based, at least in part, on the balance estimation.
However, Sandler in figs 8-9 teaches an exoskeleton device including a controller (803), wherein the controller is configured is perform a balance estimation based on feedback from ground force sensors (804) on foot structures (805), and the controller is configured to issue an instruction to perform a second action (activate motors on a feedback belt (807) (para [0080]), or causing speakers (906, 907) to produce sound (para [0087]) based, at least in part, on the balance estimation (para [0080]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by providing foot structures of the exoskeleton device with foot structures with ground force sensors, and configuring the at least one processor to perform a balance estimation based on feedback from ground force sensors, and issue an instruction to perform a second action based, at least in part, on the balance estimation comprising providing haptic feedback comprising activating motors on a feedback belt or audio feedback comprising causing speakers to produce sound based on a determined center of pressure determined by the controller as taught by Sandler in order to allow center of pressure information to be transmitted to the patient restoring a sense of, and aptitude for, balance for patients with loss of sensation in the lower limbs (Sandler, para [0081]).
Regarding claim 11, the modified Wu’s reference discloses issuing an instruction to perform the second action comprises issuing an instruction to provide feedback to a user of the exoskeleton device based, at least in part, on the balance estimation (controller is configured to provide feedback by activating motors on a feedback belt (807 of Sandler) (Sandler, para [0080]), or causing speakers (906, 907 of Sandler) to produce sound (Sandler, para [0087]) based, at least in part, on the balance estimation (Sandler, para [0080]).
Regarding claim 12, the modified Wu’s reference discloses that issuing an instruction to provide feedback comprises sending information to a visualization system configured to display the feedback to the user (glasses can be used to relay information to the exoskeleton wearer including balance of the exoskeleton system, such as either center of pressure or center of mass) (Sandler, para [0073]).
Regarding claim 13, the modified Wu’s reference discloses performing balance estimation associated with the exoskeleton device comprises determining a balance state associated with the exoskeleton device (force sensors (804 of Sandler) are used to determine a center of pressure of the exoskeleton) (Sandler, para [0080]), and sending information to the visualization system comprises sending information associated with the balance state (glasses can be used to relay information to the exoskeleton wearer including balance of the exoskeleton system, such as either center of pressure or center of mass) (Sandler, para [0073])).
Regarding claim 14, the modified Wu’s reference discloses determining a balance state associated with the exoskeleton device comprises determining a numerical value for the balance state associated with the exoskeleton device, and the information associated with the balance state comprises information associated with the numerical value (device is configured to calculate a numerical value corresponding to a deflection from a center of pressure as measured by force sensors (804 of Sandler), and the numerical value in degrees can be used to activate a corresponding vibratory motor (809, 810 of Sandler) (Sandler, para [0080], or can calculate a numerical value corresponding to a direction and a magnitude of deviation from the center of the center of pressure (Sandler, para [0085])).
Regarding claim 17, the modified Wu’s reference discloses determining a balance state of the exoskeleton device is performed, based at least in part, on force information received from at least one sensor (804 of Sandler) (ground force sensors) (Sandler, para [0080]).
Regarding claim 18, the modified Wu’s reference discloses the at least one sensor includes a foot force (804 of Sandler) sensor located on a foot portion (805 of Sandler) (foot structure) of the exoskeleton device, and the force information comprises force information received from the foot force sensor (804 of Sandler) (Sandler, para [0080]).
Regarding claim 23, Wu discloses an exoskeleton device.
Wu does not disclose a foot force sensor configured to sense foot force information, wherein the at least one processor is further programmed to perform balance estimation based, at least in part, on the foot force information.
However, Sandler in figs 8-9 teaches an exoskeleton device including a controller (803) and a foot force sensor (804), wherein the controller is configured is perform a balance estimation based on foot force information ground force sensors (804) on foot structures (805), based, at least in part, on the balance estimation (para [0080]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by providing foot structures of the exoskeleton device with foot structures with ground force sensors, and configuring the at least one processor to perform a balance estimation based on foot force information from the ground force sensors as taught by Sandler in order to allow center of pressure information to be transmitted to the patient restoring a sense of, and aptitude for, balance for patients with loss of sensation in the lower limbs (Sandler, para [0081]).
Regarding claim 24, the modified Wu’s reference the at least one processor is further programmed to send second information based on a result of the balance estimation to the AR system for presentation by the AR system to the user (glasses can be used to relay information to the exoskeleton wearer including balance of the exoskeleton system, such as either center of pressure or center of mass) (Sandler, para [0073]).
Claim(s) 15-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu and Sandler et al as applied to claims 14 and 17 above, and further in view of Strausser et al (2015/0045703).
Regarding claim 15, modified Wu discloses the associated with the numerical value.
Modified Wu does not disclose the information associated with the numerical value comprises a balance meter that indicates to the user whether the balance state is sufficient to perform a next leg swing of the exoskeleton device.
However, Strausser teaches an exoskeleton device including a controller (220) configured to perform a safety check comprising providing a numerical value based on metrics such as foot center of pressure, wherein information associated with the numerical value comprises a balance meter that indicates to the user whether the balance state is sufficient to perform a next leg swing of the exoskeleton device (balance state based on metric such as foot center of pressure is calculated, and if the balance state is within an acceptable range, controller determines that it is safe to take the step (para [0057]), and to provide an indication to a user based on a beep or light or other sensory feedback when a step should be initiated based on the given parameters (para [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Wu by configuring the at least one processor so that the information associated with the numerical value comprises a balance meter that indicates whether the balance state is sufficient to perform a next leg swing of the exoskeleton device as taught by Strausser in order to provide a safety check to determine whether it is safe to take a step before the step is initiated (Strausser, para [0057]).
Regarding claim 16, the modified Wu’s device discloses the information associated with the balance state (information associated with a center of pressure or gravity of the device) further comprises information of how to improve the balance state when it is determined that the balance state is not sufficient to perform a next leg swing of the exoskeleton device (activation of vibratory motors (809, 810 of Sandler) indicate to a patient (801 of Sandler) that the center of pressure was drifting, prompting patient to lean away from these motors (809, 810 of Sandler) (Sandler, para [0080]).
Regarding claim 19, modified Wu discloses a force sensor.
Modified Wu does not disclose at least one sensor includes a force sensor arranged on a crutch configured to be used with the exoskeleton device, and the force information comprises force information received from the force sensor arranged on the crutch.
However, Strausser teaches an exoskeleton device including a controller (220) and a crutch (102) (para [0021]), wherein the crutch (102) includes a force sensor configured to be used with the exoskeleton device, and the force information comprises force information received from the force sensor arranged on the crutch (crutch may include crutch force sensors that can be used to ensure that the crutches are planted on the ground) (para [0061]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Wu by providing a crutch configured to be used with the exoskeleton device, wherein the crutch includes a force sensor configured to provide force information as taught by Strausser in order to allow the exoskeleton device to be used in combination with crutches and to ensure that the crutches are planted on the ground) (Strausser, para [0061]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu as applied to claim 1 above, and further in view of Almesfer et al (2012/0172770).
Regarding claim 8, Wu discloses that performing footstep planning comprises determining at least one footstep target location for the exoskeleton device.
Wu does not disclose determining at least one footstep target location for the exoskeleton device in which a foot of exoskeleton device has full contact with a surface of the terrain.
However, Almesfer teaches an exoskeleton device including a foot member (18) including contact sensors (para [0170]), wherein the exoskeleton device includes a control system that controls the exoskeleton based on sensor inputs that indicate terrain change (para [0186]), and in fig 64 discloses that performing footstep planning comprises determining at least one footstep target location for the exoskeleton device (when the foot of the exoskeleton device has made full contact with a sloped terrain, the angle of the foot is calculated from the joint angles in step (990) (para [0306]), and respective transverse and longitudinal terrain states (993) are loaded for used with the next instruction (para [0307]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by determining at least one footstep target location for the exoskeleton device in which a foot of exoskeleton device has full contact with a surface of the terrain as taught by Almesfer to allow adjusting movement of the exoskeleton device based on detection of a change in terrain slope (Almesfer, abstract).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al as applied to claim 2 above, and further in view of Lee et al (2018/0116897).
Regarding claim 20, Wu discloses one or more processors configured to issue an instruction to provide feedback to the user of the exoskeleton device.
Wu does not disclose an inertial measurement unit (IMU), wherein issuing an instruction to provide feedback to the user of the exoskeleton device comprises issuing an instruction to provide feedback based, at least in part on an output of the IMU.
However, Lee teaches an exoskeleton device, wherein the device includes a controller (140) and an inertial measurement unit (130) (para [0060]), wherein the controller includes a balance controlling apparatus (400) including a processor (420), and wherein the IMU is configured to measure acceleration information and/or posture information while the user is ambulatory (para [0063]), and in fig 17 discloses the processor (420) is configured to perform a gait assist mode, wherein the processor (420) is configured to measure a gait state based on IMU data (810) (para [0162]), and provide feedback to the user by operating an actuator (430) in operation (1730) (para [0165]) based on a gait assistance torque corresponding to the measured gait state determined in operation (1720) (para [0164]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Wu by providing an inertial measurement unit (IMU), and issuing an instruction to provide feedback based, at least in part on an output of the IMU to calculate a gait assistance torque corresponding to a measured gait state determined by an out output of the IMU to operate an actuator to provide the calculated torque assistance as taught by Lee in order to allow the device to measure a gait state of a user and providing a gait assistance torque to assist the user in completing the gait cycle (Lee, para [0023]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Pratt et al (2013/0184861), Song et al (2019/0336383), Takenaka (2020/0276490), Asatani (9,197,862), and Von Zitzewitz (2021/0283001) disclose exoskeleton devices configured to provide gait assistance to a user.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785
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