Prosecution Insights
Last updated: July 17, 2026
Application No. 18/569,629

A knee movement assistive device

Non-Final OA §103§112
Filed
Dec 13, 2023
Priority
Jun 15, 2021 — IT 102021000015596 +1 more
Examiner
JONES, AISLINN MOIRA
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
UNIVERSITA DEGLI STUDI DE GENOVA
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
2 granted / 2 resolved
+30.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
27 currently pending
Career history
29
Total Applications
across all art units

Statute-Specific Performance

§103
94.5%
+54.5% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 resolved cases

Office Action

§103 §112
DETAILED ACTION 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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second contact portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "621" and "623" and “625” have all been used to designate the curved edge of the lever in Figure 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Interpretation This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “locking means” in claims 1-5. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. Claim Objections Claim 8 is objected to because of the following informalities: The recitation of “makes the stopper to clockwise rotate” should read ---makes the stopper rotate clockwise---. Appropriate correction is required. 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. Claim 10 is rejected under 35 U.S.C. 112(b), 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. Regarding claim 10, with the recitation of “external device”, it is unclear as to what the external device is. Under broadest reasonable interpretation without sufficient description of the external device, it is interpreted that the external device is any sort of computing/ computer device, that allows for remote control of the device and its actuation. Additionally, claim 10 recites the limitation "the working state" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is also unclear if the working state is different from the active state, under broadest reasonable interpretation, without sufficient description of the working state, it is interpretated that the working state and the active state are the same. Claim Rejections – 35 U.S.C. § 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, 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. Claims 1-3 and 10 are rejected under 35 U.S.C. 103 as obvious over Takenaka (US 20150182366 A1) in view of Giovacchini (WO 2020217191 A1), and further in view of Horst (WO 2014151584 A1). Regarding claim 1, Takenaka discloses a knee movement assistive device (Takenaka [0011]; a joint device (for the knee) to provide power for bending through the device) comprising: - a waist garment attachable to a user waist and a calf garment attachable to a user calf, said calf garment being arranged along a longitudinal direction (Takenaka Figure 1; ‘2’ is a waist garment attachable to a waist of a user, ‘10’ is a calf garment that is attachable to a user’s calf that is arranged in a longitudinal direction up and down on the calf/ shin); - an actuator attached to the waist garment and comprising a driver (Takenaka [0185]; the tension application unit ‘30’ (actuator) is housed in ‘8’ the chasses attached to the waist garment ‘2’ of Takenaka Figure 1, [0195]; actuator ‘30’ (tension application unit) includes the electric motor ‘35’ (a driver of the actuator)); said driver being configured to switch between an active state, wherein the driver generates a rotational force (Takenaka [0087-0088]; where tension application unit ‘30’ (actuator that contains the driver (electric motor ‘35’)) that applies power (force) to drive tension to the device [0263]; where there is a state in which a force that increases as the bending degree of the structure increases (driving a rotational force) is a relatively large elastic force and Takenaka Figures 8A-C where there are different orientations – thereby being able to switch from an active state of bending such as in Figure 8C); and an idle state, wherein the driver generates a null force, the actuator being configured to transform the rotational force of the driver in a tension force (Takenaka [0266]; where the device has the tension set to zero, there will be no elastic force generated (null force) – thereby transforming the rotational force of the driver (electric motor ‘35’) in the tension force to make the device straight as such like Takenaka Figure 8A); - a transmission cable connecting the actuator to the calf garment and being configured to transmit the tension force, generated by transforming the rotational force of the driver to the calf garment ([0150]; where the wire ‘16’ (transmission cable) is connected to the tension application unit ‘30’ (actuator) to apply tension to the wire that transmits the tension force, generated by transforming the rotational force of the driver (electric motor ‘35’) in [0266,0263]); rotational force generated by the driver is transformed in the tension force and can be transmitted to the calf garment through the transmission cable (Takenaka [0015]; where the tension application unit ‘30’ (actuator) applies a tension to each of the leg portions, where the lower leg comprises the calf garment ‘10’, [0186-0187]; where the actuator uses a pulley (transmission cable included, wire ‘16’) to drive the tension in the device – thereby a rotational force generated is transmitting a tension force to the calf garment). PNG media_image1.png 721 817 media_image1.png Greyscale Figure 1: annotated Figure 4 of Giovacchini. PNG media_image2.png 775 768 media_image2.png Greyscale Figure 2: annotated Figure 3 of Giovacchini. Takenaka is silent to gears, a locking configuration and a releasing configuration. Giovacchini discloses a component for an assistive device wherein: said assistive device being configured in that the actuator (Giovacchini [084]) comprises: - a first gear connected to the driver and being configured to rotate around a first rotation center, the rotational force generated by the driver making the first gear rotate around the first rotation center (Figure 1 above; where ‘462’ is a first gear that is configured to rotate around a first rotation center, where the actuator’s rotational force generated by the driver makes the gear rotate around the first rotation center, Giovacchini [084], [070], Giovacchini Figure 6B; where ‘458’ is a regulation device that may comprise the motor (driver/ driving force)); - a second gear operatively engaging the first gear and being configured to rotate around a second rotation center (Giovacchini [067]; where the second gear ‘464’ rotated according to the first gear ‘462’ at an engagement portion, Figure 1 above; where the second gear ‘464’ has a second rotation center that it rotates about); - locking means operatively engaging the first and the second gears (Figure 2 above; where ‘461’ is a locking means for the gears that operatively engages with the first ‘462’ gear and the second ‘464’ gear); said locking means being configured to switch between a locking configuration, wherein the second gear is prevented to rotate around the second rotation center (Giovacchini [075]; where the locking means ‘461’ can be arranged to engage the second gear ‘464’ thereby preventing the gear from rotating (locking configuration) from about the second rotation center, and where the locking means ‘461’ comprise both extension (releasing configuration) and flexion stops (locking configuration), to engage the second gear ‘464’ – being able to switch between the configurations); and a releasing configuration, wherein the rotation of the first gear makes the second gear rotate around the second rotation center so that the rotational force generated by the driver is transformed in the tension force (Giovacchini [075]; where the locking means ‘461’ has a releasing configuration when the second gear ‘464’ is engaged and comprises of extension, thereby rotating the gears, [067]; where the first gear ‘462’ and the second gear ‘464’ rotate about each other by engaging -rotating the first gear about the second gear and its second rotation center, [012,018]; rotational force generated by the driver (motor driving) is transformed into tension force); the locking means being configured to switch from the locking configuration to the releasing configuration due to the rotation of the first gear when the driver is in the active state (Giovacchini [075]; where the locking means ‘461’ can switch from the locking configuration to the releasing configuration (extension and flexion stops), [067]; where the first gear ‘462’ and the second gear ‘464’ rotates about each other thereby creating an active state such that the device is applying tension, [012,018]; where the driver (motor driving) creates the tension force); said locking means being configured to automatically switch from the releasing configuration to the locking configuration when the driver is switched to the idle state (Giovacchini [075]; where the locking means ‘461’ can have a predetermined neutral or pre-set position (automatically) at which compensation or forces are not provided at the operator’s joint (idle state), where it can be locked by engagement when a desired angle is reached of flexion – switching of the states automatically when the desired flexion is reached). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of Takenaka to include a gear system with a releasing and a locking configuration as taught by Giovacchini, since, the system works as a compensation device working to support and compensate for resistive movements acting on the joint during the operator’s efforts, in order to assist the operator in exerting efforts (Giovacchini [059]). PNG media_image3.png 332 816 media_image3.png Greyscale Figure 3: annotated Figure 13A of Horst. Modified Takenaka fails to disclose a transmission cable being connected to the gears. Horst discloses an exoskeleton comprising: the transmission cable being connected to said second gear (Figure 3 above; where there is a gear ‘1320’ in relation to ‘714’ (second gear) that rotates about a second rotation center, the transmission cable ‘716’ is connected to the second gear ‘1320’ of ‘714’); It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of modified Takenaka to include a transmission cable connected to the second gear as taught by Horst, since, a transmission cable allows for the tension in the gears to be set for the output of a force configured from an actuator, thereby making a selectable actuation (Horst [00010]). PNG media_image4.png 413 572 media_image4.png Greyscale Figure 4: annotated Figure 4 of Giovacchini. Regarding claim 2, modified Takenaka in view of Horst further discloses the assistive device according to claim 1, wherein: - the first gear has a first perimetral wall, arranged on a first circumferential direction, and a plurality of first teeth arranged on said first perimetral wall, the rotation of the first gear around the first rotation center making the first teeth move along the first circumferential direction - the second gear has a second perimetral wall, arranged on a second circumferential direction, and a plurality of second teeth arranged on said second perimetral wall, the rotation of second gear around the second rotation center making the second teeth move along the second circumferential direction (Figure 4 above; where the first gear (close up the first and second gear) has a first perimetral wall, where each gear has the same corresponding structure and the second gear is the labeled one, with a plurality of first/second teeth arranged on the perimetral wall, such that the first/second gear with its first/second rotation center makes the first/second gear rotated about each other in a first/ second circumferential direction, Giovacchini [067]); - the rotation of the first gear in the releasing configuration of the locking means makes each first tooth progressively engage a respective second tooth making the second gear rotate around the second rotation center (Giovacchini [075]; where the locking means ‘461’ can switch from the locking configuration to the releasing configuration (extension and flexion stops), [067]; where the first gear ‘462’ and the second gear ‘464’ rotates about each other thereby creating an active state such that the device is applying tension, [012,018]; where the driver (motor driving) creates the tension force, Figures 1-2 above; where the first and second gears ‘462,464’ are engaging each tooth of the second gear making the second gear rotate about the second rotation center because the teeth of the gears are received within each other to drive the gears to move codependently). Regarding claim 3, modified Takenaka in view of Horst further discloses the assistive device according to claim 2, wherein: - each couple of second teeth is spaced apart by a respective separation distance along the second circumferential direction, said separation distance being greater than the thickness of each first tooth along the first circumferential direction (Figure 4 above; where the teeth of the gear first/second have a perimetral wall that is at a respective separation distance along the first/second circumferential direction, making the teeth spaced apart by a separation distance, where the separation distance is greater than the thickness of each first/second tooth along the first/second circumferential direction, because the gear teeth are tapered at the end, so the thickness of the distance would be greater); - at least one first tooth is interposed between a couple of second teeth and is spaced apart from each of said second teeth in the locking configuration of the locking means, the rotational force of the driver making said first tooth engaging one of said second teeth (Giovacchini [067]; where the first gear ‘462’ and the second gear ‘464’ rotates about each other thereby creating an active state such that the device is applying tension, Figure 4 above; where the first and second gear teeth are spaced apart from each other and interposed within each other, [012,018]; where the driver (motor driving) creates the tension force creating a rotational force to drive the first and second teeth by engaging the gears about each other as shown in Figure 4 above, [075]; where the locking means ‘461’ can be arranged to engage the second gear ‘464’ thereby preventing the gear from rotating (locking configuration) from about the second rotation center, and where the locking means ‘461’ comprise both extension (releasing configuration) and flexion stops (locking configuration), to engage the second gear ‘464’ – being able to switch between the configurations). Regarding claim 10, modified Takenaka in view of Horst further discloses the assistive device according to claim 1. Modified Takenaka the assistive device: wherein the actuator comprises a control unit in signal communication with the driver and with an external device (Takenaka [0210]; where there is a control unit ‘51’ that controls the operations of the electric motor ‘35’ (in signal communication), [0087-0088]; where tension application unit ‘30’ (actuator that contains the driver (electric motor ‘35’)) that applies power (force) to drive tension to the device); said control unit being configured to switch the driver between the idle state and the working state upon receival of a command signal by the control unit (Takenaka [0087-0088]; where tension application unit ‘30’ (actuator that contains the driver (electric motor ‘35’)) that applies power (force) to drive tension to the device [0263]; where there is a state in which a force that increases as the bending degree of the structure increases (driving a rotational force) is a relatively large elastic force and Takenaka Figures 8A-C where there are different orientations – thereby being able to switch from an active state of bending such as in Figure 8C, [0266]; where the device has the tension set to zero, there will be no elastic force generated (null force) – thereby transforming the rotational force of the driver (electric motor ‘35’) in the tension force to make the device straight as such like Takenaka Figure 8A, Takenaka [0210]; where there is a control unit ‘51’ that controls the operations of the electric motor ‘35’ (in signal communication). Modified Takenaka is silent to an external device. Horst discloses the assistive device comprising: an external device (Horst [00066]; where the control panel is a wired or wireless connection to a handheld laptop, or computer); It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of modified Takenaka to include an external device in communication with the control unit as taught by Horst, since, the external device allows for the communication of diagnostic information and previously stored performance information to the system. Claims 4-8 are rejected under 35 U.S.C. 103 as obvious over Takenaka (US 20150182366 A1) in view of Giovacchini (WO 2020217191 A1), further in view of Horst (WO 2014151584 A1), and even further in view of Etenzi (US 20200170809 A1). Regarding claim 4, modified Takenaka in view of Horst further discloses the assistive device according to claim 2, wherein: the first engagement portion engages at least one second tooth (Figure 4 above where the first engagement portion is the perimetral wall of the first gear (gears have same geometry) that engages with a second tooth of the second gear); wherein said first engagement portion is spaced apart from the second gear along a direction transverse to the second circumferential direction (Figure 4 above; where the engagement portion that is the portion that the teeth engage with, is transverse because it is radially across/ next to the second gear – which is a spaced apart in a direction transverse to the second circumferential direction of the second gear). Modified Takenaka in view of Horst is silent to a stopper that engages with a first engagement portion. Etenzi discloses an assistance device wherein: - the locking means comprises a stopper having a first engagement portion (Etenzi Figure 2 and 3; where ‘563’ is a stopper that acts as a locking means having a first engagement portion because it is connected to the teeth of a gear); said stopper being configured to assume in the locking configuration of the locking means a locking position and being configured to assume in the releasing configuration of the locking means a releasing position (Etenzi [0093-0094]; where the stopper ‘563’ is integral with the gear ‘523’ adapted to limit the movement of the attachment ‘562’ (second gear) and in the releasing direction (releasing position), releasing energy from the lower body by use of the stopper ‘563’); It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of Modified Takenaka in view of Horst to include a stopper with the gears and locking means as taught by Etenzi, since, the stopper allows for the release of energy to the lower body after the heels lift from the ground (Etenzi [0094]), which would be beneficial because it is mimicking the natural behavior of the human body, by making a spring like motion. [AltContent: textbox (1st)][AltContent: textbox (2nd)][AltContent: rect][AltContent: rect] PNG media_image5.png 776 809 media_image5.png Greyscale Figure 5: annotated Figure 3 of Giovacchini. Regarding claim 5, modified Takenaka in view of Horst, further in view of Etenzi further discloses the assistive device according to claim 4. Modified Takenaka in view of Horst discloses: - the locking means comprises a lever being configured to rotate around a third rotation center (Figure 5 above; where there is a lever ‘473’ provided to rotated around a third rotation center as part of the locking means ‘471’); said lever extending between a second engagement portion and an opposite thrust portion along an axis of the lever passing through the third rotation center (Figure 5 above; where the lever extends between the second engagement portion of the gear and opposite the thrust portion along an axis, where the lever passes through the third rotation center because it extends along both sides of the rotation center); the rotation of the first gear due to the rotational force of the driver making the first gear to engage the lever at the second engaging portion to put the lever in rotation around the third rotation center (Figure 5 above; where the first gear rotates from the driver making the gear engage the lever at the second engaging portion to put the lever in rotation around the third rotation center, Giovacchini [067]; where the first gear ‘462’ and the second gear ‘464’ rotates about each other thereby creating an active state such that the device is applying tension, [012,018]; where the driver (motor driving) creates the tension force creating a rotational force to drive the first and second teeth by engaging the gears about each other); the rotation of the lever around the third rotation center making the thrust portion (Figure 5 above; where the lever has a third rotation center, and the thrust portion is opposite to the 2nd engagement portion section of the lever). Modified Takenaka in view of Horst fails to disclose the stopper engaging with the lever of the locking means. Etenzi discloses: the stopper (Etenzi Figure 2-3; ‘563’ is a stopper); and exerting a thrust action on the stopper to switch the stopper from the locking position to the releasing position (Etenzi [0093-0094]; where the stopper ‘563’ has a releasing direction (thrust action) that it abuts one of the gears allowing for a motion stop (locking position) and release of energy to the lower body (releasing position)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of modified Takenaka in view of Horst to include the stopper as taught by Etenzi to engage with the lever and its thrust portion, since, the stopper allows for the release of energy to the lower body after the heels lift from the ground (Etenzi [0094]), which would be beneficial because it is mimicking the natural behavior of the human body, by making a spring like motion. Regarding claim 6, modified Takenaka in view of Horst further discloses the assistive device according to claim 5. Modified Takenaka discloses the assistive device wherein: - the clockwise rotation of the first gear makes said first gear engage the second engagement portion in a first contact area to anticlockwise rotate the lever (Figure 5 above; where the clockwise rotation of the first gear, when it contacts the second gear, as an integral part moving together will engage the second engagement portion at a first/second contact area because of the shape of the lever that has the second engagement portion side, where the lever will rotate anticlockwise because of the positioning of the lever on the gear with respect to the rotation of the gears, where at a second contact area when the lever is anticlockwise rotated will touch); - the rotation of the first gear makes said first gear to engage the second engagement portion in a second contact area to anticlockwise rotate the lever (Figure 5 above; where the clockwise rotation of the first gear, when it contacts the second gear, as an integral part moving together will engage the second engagement portion at a first/second contact area because of the shape of the lever that has the second engagement portion side, where the lever will rotate anticlockwise because of the positioning of the lever on the gear with respect to the rotation of the gears, where at a second contact area when the lever is anticlockwise rotated will touch); - the first contact area and second contact area being spaced apart from each other along the axes of the lever (Figure 5 above; where there are the two contact areas that are spaced apart from each other on an axes of the lever). Modified Takenaka is silent to the first gear moving clockwise and anticlockwise. Horst discloses the assistance device wherein: - the first gear is configured to clockwise and anticlockwise rotate due to the rotational force generated by the driver (Figure 3 above; where the first gear ‘1320’ has a spool ‘712’ that has a rotational force set by the driver (motor ‘724’), Horst [00097]; where the spools ‘712,714’ of the first and second gears ‘1320’ can turn counterclockwise and clockwise); - the anticlockwise rotation of the first gear (Figure 3 above; where the first gear ‘1320’ has a spool ‘712’ that has a rotational force set by the driver (motor ‘724’), Horst [00097]; where the spools ‘712,714’ of the first and second gears ‘1320’ can turn counterclockwise and clockwise). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assistive device of modified Takenaka to include anticlockwise rotation of the gears as taught by Horst, since, it would allow for the transmission cable to be released quicker to actuate the upper and lower housing to drive the force to assist a user’s leg, by increasing the length of the belt, allowing for a lower and upper part to move with respect to each other (Horst [0091], [00097]). PNG media_image6.png 776 809 media_image6.png Greyscale Figure 6: annotated Figure 3 of Etenzi. Regarding claim 7, modified Takenaka in view of Horst, in view of Etenzi further discloses the assistive device according to claim 6, wherein the second engagement portion of the lever has a curved edge facing the first gear, said curved edge having a recessed portion and a rounded portion (Figure 6 above where the second engagement portion of the lever has a curved edge that faced the first gear (that is behind ‘422’), the curved edge is a rounded portion, and there is recessed portion because it is curved); the first contact area being placed on the left side of the rounded portion, the second contact area being placed on the right side of said rounded portion (Figure 5 above; where there is a first contact area to the left of the rounded portion (Figure 6 above), and the second contact area is to the right side of the rounded portion). Regarding claim 8, modified Takenaka in view of Horst, further in view of Etenzi further discloses the assistive device according to claim 6, wherein the anticlockwise rotation of the lever makes the stopper to clockwise rotate around a fourth rotation center so that it is displaced from the locking position to the releasing position (Etenzi Figure 2; where the stopper ‘563’ has a fourth rotation center because it is an independent piece from the gear, as modified the stopper is included with the lever of the system, so when the lever rotates anticlockwise (Figure 5 above; where the lever will rotate anticlockwise because of the positioning of the lever on the gear with respect to the rotation of the gears) if touching the stopper, it would rotate clockwise as such with the gears, Etenzi [0093]-[0094]; where the stopper ‘563’ limits motion but goes in a releasing direction (displacing from the locking position to the releasing position)). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Takenaka (US 20150182366 A1) in view of Giovacchini (WO 2020217191 A1), further in view of Horst (WO 2014151584 A1) further in view of 신완재 Shin (KR 101693976 B1), (google translated: Shin), and even further in view of Han (CN 111888187 A). Regarding claim 9, modified Takenaka in view of Horst further discloses the assistive device according to claim 1, wherein: - the calf garment extends between a bottom portion and an opposite top portion along the longitudinal direction (Takenaka Figure 1; where the calf garment ‘10’ extends along the longitudinal portion between a bottom portion ‘7’ and an opposite top portion ‘6’); said calf garment (Takenaka Figure 1; ‘10’ is a calf garment); and the actuator is configured to transform the rotational force of the driver (Takenaka [0087-0088]; where tension application unit ‘30’ (actuator that contains the driver (electric motor ‘35’)) that applies power (force) to drive tension to the device [0263]; where there is a state in which a force that increases as the bending degree of the structure increases (driving/ transforming a rotational force of the driver) is a relatively large elastic force). Modified Takenaka in view of Horst fails to disclose an elastic element, the transmission cable being connected to the ends of the elastic element, and the elastic element being able to switch from rest to extended configuration. Shin discloses an exoskeleton comprising: an elastic element extending between a first end and an opposite second end along the longitudinal direction (Figure 5 above; where there is an elastic element (spring) that extends between a first end and an opposite second end in a longitudinal direction); the transmission cable being connected to the first end of the elastic element, the second end of the elastic element being connected to the bottom portion of the calf (Figure 5 above; where there is a transmission cable that is connected to a first end of the elastic element, and the second end of the elastic element is connected to the bottom portion of the calf of the user); said elastic element being configured to switch between a rest configuration and an extended configuration (Figure 5 above; where a rest configuration is when the elastic element on the user, is not in motion, to switch to the extended configuration, a user would need to move to extend the elastic element (extended configuration), Shin [0026]); the distance between the first and the second ends along the longitudinal direction increasing from the rest configuration to the extended configuration (Figure 5 above; taking into consideration the elastic element, when in an extended phase, the elastic element (spring) will increase in distance/ length along the longitudinal direction from the first and second ends, Shin [0026]). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the modified device of Takenaka in view of Horst to include an elastic member with connection to the transmission cables and the calf as taught by Shin, since, the elastic member provides further force and movement assistance to the wearer’s body part (Shin [0026]). Modified Takenaka in view of Horst, further in view of Shin is silent to a tension pull force and a tension releasing force. Han discloses an exoskeleton comprising: a first tension force, acting as a pull force, and in a second tension force, acting as a releasing force; the first tension force transmitted to the calf being configured to switch the elastic element from the rest configuration to the extended configuration (Han Contents of the Invention [03,09]; where the motor (actuating device) exerts a pull force (first tension force) in combination with the tension of the spring to control the flexion and extension of the patient and when a spring has a pulling force, it then has a restoring force to return to a neutral state (second tension force that is releasing) – which switches the elastic element from the rest configuration to the extended configuration); the second tension force transmitted to the leg being configured to allow the elastic element to switch from the extended to the rest configuration due to the elastic return of the elastic element (Han Contents of the Invention [03,09]; where the motor (actuating device) exerts a pull force (first tension force) in combination with the tension of the spring to control the flexion and extension of the patient and when a spring has a pulling force, it then has a restoring force to return to a neutral state (second tension force that is releasing) – which allows it to switch the elastic element from the rest configuration to the extended configuration – this is due to the elastic return of the elastic element (the spring)). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the modified device of Takenaka in view of Horst, in view of Shin to include actuated tension forces of the elastic element as taught by Han for the calf garment, since, then forces help the user to realize the normal position of their femur and tibia while walking and help to aid in rehabilitation of walking for the patient (Han Contents of the Invention [09]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fu (CN 111388279 A): flexible walking exoskeleton. Lin (CN 110193819 A): adaptive knee joint mechanism. Chen (CN 109528451 A): hip-joint exoskeleton. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4. 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, Brandy Lee can be reached at 5712707410. 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. /AISLINN M JONES/Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Dec 13, 2023
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 2m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allowance rate.

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