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 Arguments
Applicant’s arguments, see labeled page 3 of the applicant’s remarks, filed 07/08/2026, with respect to the objections of claims 8, 10, and 12 have been fully considered and are persuasive. The objections of 04/03/2026 has been withdrawn.
Applicant has amended claim to recite “a plurality of magnetic blocks sequentially arranged between a first starting point and a second finishing point; at least one piston moving to enable the plurality of magnetic blocks to approach or move away from each other, wherein the at least one piston is provided between two consecutive magnetic blocks, and wherein a movement is provided by closing the at least one piston into the plurality of magnetic blocks; and a control unit for providing movement of the at least one piston, wherein the control unit is configured to provide energy from a power supply to the first starting point at a predetermined value and to actuate the drive mechanism according to energy received from the power supply such that. by providing energy received from the power supply, a certain number of the plurality of magnetic blocks are closed successively from the first starting point toward the second finishing point, and, by supplying energy, the plurality of magnetic blocks are fully closed.” In response to Applicant’s amendment Examiner has added reference Noda (US Pub No.: 2017/0198728).
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.
Claim(s) 1-8 and 11-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swift (US Pub No.: 2016/0016309) in view of Noda (US Pub No.: 2017/0198728).
Regarding claim 1, Swift (US Pub No.: 2016/0016309) discloses a drive mechanism (being the actuator in the abstract, electromagnet details in [0034]) for providing biomedical movement similar to a musculoskeletal system for use in exoskeletal movement systems (exoskeleton in [0006], shown in figure 5).
Swift does not teach a plurality of magnetic blocks sequentially arranged between a first starting point and a second finishing point; at least one piston moving to enable the plurality of magnetic blocks to approach or move away from each other, wherein the at least one piston is provided between two consecutive magnetic blocks, and wherein a movement is provided by closing the at least one piston into the plurality of magnetic blocks; and a control unit for providing movement of the at least one piston, wherein the control unit is configured to provide energy from a power supply to the first starting point at a predetermined value and to actuate the drive mechanism according to energy received from the power supply such that. by providing energy received from the power supply, a certain number of the plurality of magnetic blocks are closed successively from the first starting point toward the second finishing point, and, by supplying energy, the plurality of magnetic blocks are fully closed.
Instead, Noda (US Pub No.: 2017/0198728) teaches a plurality of magnetic blocks sequentially arranged between a first starting point and a second finishing point (shown in figure 2 with 202a, 202b, 202c, and 202d, with part 202 defined as magnet members in [0088]); at least one piston moving to enable the plurality of magnetic blocks to approach or move away from each other (movable member 200 with shaft 204 will move parts 202 in figure 2), wherein the at least one piston is provided between two consecutive magnetic blocks (parts 203a-203c act as pistons in [0133], shown in figure 10) and wherein a movement is provided by closing the at least one piston into the plurality of magnetic blocks (as there may be a space between magnetic members and parts 203a-203c in [0136], and as members 202a-202d are urged together when driven by the coils in [0174], a closing of space is provided for via the driving of the magnets); and a control unit for providing movement of the at least one piston (control unit to control magnetic coils in [0031], coils drive piston in [0045]), wherein the control unit is configured to provide energy from a power supply to the first starting point (as the coils are parts 112a-112l in [0072], an energy is provided at a starting point for the piston) at a predetermined value and to actuate the drive mechanism according to energy received from the power supply (in figure 6, defined as being a block diagram of a control unit in [0107]-[0108], a specific output instruction is provided to gain a “target magnitude” of an output shaft, also defined in [0108]-[0112]) such that by providing energy received from the power supply, a certain number of the plurality of magnetic blocks are closed successively from the first starting point toward the second finishing (as the control unit controls the force generated on an output shaft in [0108], said control unit controls the movement of the magnetic blocks) point, and, by supplying energy, the plurality of magnetic blocks are fully closed (the magnets as there may be a space between magnetic members and parts 203a-203c in [0136], and as members 202a-202d are urged together when driven by the coils in [0174], a closing of space is provided for via the driving of the magnets).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the plurality of magnets and related coils in a piston system as presented in Noda into Swift for the purpose of modifying the piston and plunger of Swift as the device of Noda is a hybrid actuator (in [0023]) that allow for a high output actuator in a compact form factor (in [0025])
Regarding claim 2, Swift in view of Noda teach the drive mechanism according to claim 1, wherein; Swift discloses each of the magnetic blocks comprises a capsule configured to be hollow (in [0034], an electromagnetic coil is present with a power circuit in part 206).
Regarding claim 3, Swift in view of Noda teach the drive mechanism according to claim 2, wherein Swift discloses the drive mechanism comprises an electromagnet (in [0034]) provided in the capsule (electromagnet part 206 as per [0034]).
Regarding claim 4, Swift in view of Noda teach the drive mechanism according to claim 2, wherein Swift discloses the drive mechanism; comprises at least one capsule conductor line (being the circuit portion of the power circuit in [0034]), the at least one capsule conductor line provides electrical transmission on an inner surface of the capsule (as both the power circuit and the electromagnetic coil are located inside part 206 in [0034], the power transmission is on an inner surface of part 206).
Regarding claim 5, Swift in view of Noda teach the drive mechanism according to claim 1, wherein Swift discloses the drive mechanism; comprises at least two piston shafts provided on the right and left of the electromagnet (shown visually in figure 1A where the piston part 20 has other piston and shaft elements parts 14 and 16a).
Regarding claim 6, Swift in view of Noda teach the mechanism according to claim 1, wherein Swift discloses the drive mechanism comprises at least two shaft holes provided to the at least one piston (being the openings at the top and bottom of part 208 in figure 2B).
Regarding claim 7, Swift in view of Noda teach the drive mechanism according to claim 1, wherein Swift discloses the drive mechanism characterized in that; comprises at least one magnetic element (the magnetically controllable particles and fluid on part 210, disclosed in [0034]) provided on the at least one piston (part 210 is contacting the piston in figure 2B, such that part 210 is “on” the piston) so as to remain between each electromagnet and the at least one piston (shown in figures 2A and 2B with respect to part 210, piston 206, and the electromagnetic coil disclosed to be in part 206 in [0034]).
Regarding claim 8, Swift in view of Noda teach the drive mechanism according to claim 7, wherein; Swift discloses the magnetic element is provided to right and left of the at least one piston (part 210 surrounds part 206 such that it is both to the right and left of part 206).
Regarding claim 11, Swift in view of Noda teach the drive mechanism according to claim 1, wherein Swift discloses the drive mechanism comprises at least one piston conductor line (a power line on a rod 208 in [0034] ) the at least one piston conductor line that enables the transmission of electricity through the at least one piston (in [0034] with respect to the embodiment where the power line is in part 208). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the embodiment where the rod part 208 contains a power line to a power source for the purpose of providing a means to power the electromagnetic coil that was not disclosed in the previously cited embodiment in [0034].
Regarding claim 12, Swift discloses the drive mechanism according to claim 1, wherein Swift discloses the drive mechanism comprises at least one conductor provided to the magnetic element on the left of the at least one piston (a separate coil can be on part 14 as per [0035] with part 14 in figure 1A, to which part 14 can be to the left of the piston as per figure 1A).
Regarding claim 14, Swift in view of Noda teach the drive mechanism according to claim 1, wherein; Swift discloses the power supply is configured to provide power from the starting point (as the powerline may be housed in rod 208 and with part 202 being toward the starting point, the power supply provides power by the starting point).
Claim(s) 9-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swift (US Pub No.: 2016/0016309) in view of Noda (US Pub No.: 2017/0198728) and Decaux (US Pub No.: 2015/0360014).
Regarding claim 9, Swift in view of Noda teach the drive mechanism according to claim 2.
However, Swift in view of Noda does not teach wherein the drive mechanism; comprises at least one capsule switching element provided to the capsule.
Instead, Decaux (US Pub No.: 2015/0360014) teaches wherein the drive mechanism comprises at least one capsule switching element (part 144 in [0223] and figure 14A) provided to the capsule (part 17 in figure 14A, part 17 defined in [0238]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch of Decaux into Swift and Noda for the purpose of providing a means on the device for empowering said device (as per [0210]) that allows for the device to be shut off if a capsule is not correctly placed, as per [0223]
Regarding claim 10, Swift in view of Noda teach the drive mechanism according to claim 1. However, Swift does not teach wherein the drive mechanism; comprises at least one piston switching element provided to the magnetic element.
Instead, Decaux teaches wherein the drive mechanism; comprises at least one piston switching element (part 144) provided to the magnetic element (part 102 may have a magnetic field as per [0237]) on right of the at least one piston (in an arrangement where part 7 is the bottom portion of figure 14A, part 144 is to the right of the piston element 109). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch of Decaux into Swift and Noda for the purpose of providing a means on the device for empowering said device (as per [0210]) that allows for the device to be shut off if a capsule is not correctly placed, as per [0223].
Regarding claim 13, Swift in view of Noda teach method of closing the piston (being the piston system in figure 2A-2B with a housing 210, piston 206, and rod 208 in the center portion. The magnetic block part 206 shown in figure 2B of Swift) in the drive mechanism (in [0034], being the entire device in figure 1A-1B of Swift) according to claim 1, with Swift comprising the following steps:
- providing electricity from the power supply to the starting point (power source in [0034]);
- actuating a first electromagnet (in [0034]) by electricity passed through a first capsule conductor line (being the circuit portion of the power circuit in [0034]. Power line in [0034]), of a first magnetic block (part 206, which hold the electromagnetic coil in [0034]),
- the first electromagnet pulling a first magnetic element (the first electromagnet controls a magnetic fluid in [0034]) toward the first electromagnet, depending on the electricity (as per a function of an electromagnet, with an electromagnetic coil in [0031], a magnetic field draws a fluid toward said field);
- and a first piston switching element (controller part 15 in Swift is equivalent to a switch as it is controlling a power delivered to a piston, thereby acting as a switch for the power delivery)
- transferring electricity from the first piston conductor line to a first conductor (part 2000 in figure 3A, where 2000 has an electrically linked coil 2004 as per [0036]);
-the same process steps continue until the last magnetic block, depending on the amount of power (as a device with multiple legs is present in figure 6, multiple magnetic blocks are implied to be present, with a controller to control movement of blocks in [0034]),
- terminating the electrical transmission by closing the last magnetic block (as a controller is present in [0034], a closing of a piston with the magnetic block is possible with the controller controlling power generation by the electromagnetic coil of [0034] that drives piston movement).
However, Swift does not teach
a first capsule switching element and a first piston switching element provided with the first magnetic element contact each other;
- transferring electricity through the first capsule switching element (1131) to the first piston switching element;
- transferring electricity from the first piston switching element to a first piston conductor line.
Instead, Decaux teaches wherein a first capsule switching element (part 144 in [0233]) provided with the first magnetic element (the switch in [0210] can be incorporated into the magnetic member of Swift to control the powering of said member, control of powering in [0210] of Decaux and with controller 15 of Swift) contact each other;
- transferring electricity through the first capsule switching element to the first piston switching element (as the switching elements are used for an empowering a device in [0210] and [0233], a transfer of power between two switches is present);
- transferring electricity from the first piston switching element to a first piston conductor line (transfer of power from a controller, being part 15 of Swift or 146 of Decaux to, to switch element part 144 of Decaux, to a conductor line being the electrical circuit elements as disclosed in [0223]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch of Decaux into Swift for the purpose of providing a means on the device for empowering said device (as per [0210]) that allows for the device to be shut off if a capsule is not correctly placed, as per [0223].
From here, Swift does not teach - transferring electricity through the first conductor to a second capsule conductor line of a second magnetic block .
However, as Swift does teach two legs being part of an exoskeleton in figure 6, It would be obvious to one of ordinary skill in the art to incorporate a second capsule conductor line and a second magnetic block such that a transferring of electricity transferring electricity through the first conductor (part 2000 in figure 3A, where 2000 has an electrically linked coil 2004 as per [0036]) to a second capsule conductor line (being the circuit portion of the power circuit in [0034]. Power line in [0034]) of a second magnetic block (part 206). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second magnetic block and a second capsule conductor line in order to provide multiple piston elements in the device of Swift to allow for an actuation of multiple body parts in the device of figure 6 of Swift.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swift (US Pub No.: 2016/0016309) in view of Noda (US Pub No.: 2017/0198728) and Larose (US Pub No.: 2020/0069441).
Regarding claim 15, Swift in view of Noda teach the drive mechanism (10) according to claim 1, except wherein; the electrical transmission is provided in parallel.
Instead, Larose (US Pub No.: 2020/0069441) teaches wherein; the electrical transmission is provided in parallel (MR fluid actuator is operatively connected in parallel to a powertrain in [0057]. Powertrain to provide an assistive power in [0058], electric motor in [0048]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the parallel arrangement of the powertrain of Larose (in [0143]) into Swift and Noda as the powertrain arrangement of Larose allows for a manipulation of the joint of an exoskeleton using both a human source and other power sources (as per [0061] of Larose) where the other power sources include an electric motor in [0048] of Larose)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liemert (4,763,478) considered for a linear actuator with a piston in the abstract with a switching means for said piston. Baym (US Pub No.: 2014/0303538) considered for teaching a system to control a joint prosthesis in the abstract.
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.
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/AREN PATEL/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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