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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to National Stage Application No. PCT/IB2022/056224 filed July 05, 2022 and to foreign priority to Provisional Application No. 63/218708 filed July 06, 2021.
Status of Claims
The present office action is in response to the Remarks and Amendment filed 01/02/2024. As directed by the amendment, claims 1-20 have been cancelled, and claims 21-40 have been newly added. Thus, claims 21-40 are presenting pending in this application.
Claim Objections
Claims 39-40 are objected to because of the following informalities:
Claim 39 recites, “an operator” in ln 8, and “an operator’s” in ln 10 and ln 11 which Examiner suggest amending to read --the operator-- in ln 8 and --the operator’s-- in ln 10 and ln 11 as it is introduced in ln 2.
Claim 39 recites, “an elastic mechanism” ln 15 which Examiner suggest amending to read --the at least one elastic mechanism-- to avoid possible 112b unless it is different from the limitation introduced in ln 3.
Claim 40 is objected due to its dependency to claim 39.
Appropriate correction is required.
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 limitations are:
At least one elastic mechanism in claims 21, 35, and 39.
The corresponding structure of the at least one elastic mechanism is interpreted as to --an extension spring, a compression spring, a torsion spring, an elastic wire, combinations thereof, or any other suitable component-- as described in ¶0093-0095
An assistive regulation device in claims 21 and 39.
The corresponding structure of the assistive regulation device is interpreted as to --connected at a second end of the elastic mechanism --as described in ¶0096.
A transparent range mechanism in claims 35 and 39.
The corresponding structure of the transparent range mechanism is interpreted as to --at least having one structural component in which the operator can move without engaging the assistive torque assembly--as described in ¶0104-0105.
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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claims 21, 35 and 39, the claims recite, “a free range in which the operator may move without engaging the at least one elastic mechanism” which renders claim indefinite. It is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For the examination purposes, it is interpreted to --a free range in which the operator is capable of moving without engaging the at least one elastic mechanism--.
Claims 22-24, 36-38, and 40 are rejected by virtue of dependency to the independent claims above.
Claim Rejections - 35 USC § 102
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 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.
Claims 21-24, 26 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazerooni et al. (US 20160206498 A1).
Regarding claim 21, Kazerooni et al. discloses, an assistive torque assembly (an exoskeleton 100, Fig 1) configured to produce an assistive torque about at least one joint of an operator (¶0056 implies generating torque about at least one joint of a wearer via first and second torque generators 108, 110 and first and second thigh links), the assistive torque assembly comprising:
at least one elastic mechanism (compression spring 120, Fig 4);
a transparent range mechanism (a pendulum 116 and a pendulum joint 117, Fig 4) configured to define a free range in which the operator may move without engaging the at least one elastic mechanism (¶0055, “… impose no resisting torques between supporting trunk 102 and the respective first and second thigh links 104 and 106… not in a bent position (i.e. when a predetermined portion of supporting trunk 102 does not pass beyond predetermined angle 242 from vertical 244 as shown in FIG. 3), person 200 can walk, ascend and descend stairs and ramps without any force imposed on person… Examples of predetermined angle 242 can be 5, 10 or 15 degrees”; ¶0057, “This prevents engagement bracket 118 from sliding, causing compression spring 120 to be able to provide a resisting torque between upper bracket 112”); and
an assistive regulation device (a channel 160, a sliding block 162, and a locking pin 166, Figs 11-12) configured to determine a level of assistive torque provided by the at least one elastic mechanism (¶0061, “By positioning sliding block 162 in various locations and locking it by locking pin 166, one can provide various level of torque.”)
wherein the assistive torque assembly comprises a housing (a housing of 108 as shown in Figs 1-3 and 13-15 which are covering the components of Figs 4-12 during operation) and a thigh link (a first and a second thigh links 104, 106, Fig 1);
wherein the transparent range mechanism comprises a first rotatable member (116, Fig 4) comprising an extension portion (a elongated portion of 116 which engages with a teeth of an engagement bracket 118, Fig 4) configured to rotatably attach to a first bracket (116 is rotatably attach to an upper bracket 112 of the first torque generator 108 via 117 as shown Fig 4 in form of engaging to an engagement bracket 118 when exceeding predetermined angle 242 of Figs 2-3).
Regarding claim 22, Kazerooni et al. discloses the assembly of claim 21 as discussed above.
Kazerooni et al. further discloses, wherein the at least one elastic mechanism provides the assistive torque dependent on an angle of the at least one joint (¶0055-0058, implies that once the predetermined angle has been passed, the elastic mechanism provides torque/force onto the user as the compression spring is compressed and the pendulum is into contact with the engagement bracket).
Regarding claim 23, Kazerooni et al. discloses the assembly of claim 21 as discussed above.
Kazerooni et al. further discloses, wherein the thigh link comprises a thigh cuff (a front portion of 104 attached about a thigh of the operator as shown in Figs 1-3) configured to attach about a thigh of the operator.
Regarding claim 24, Kazerooni et al. discloses the assembly of claim 21 as discussed above.
Kazerooni et al. further discloses, wherein the housing comprises at least one cover (a cover of the housing of 108 as shown in Figs 1-3 and 13-15 which are covering the components of Figs 4-12 during operation) configured to circumscribe one or more components of the assistive torque assembly.
Regarding claim 26, Kazerooni et al. discloses the assembly of claim 24 as discussed above.
Kazerooni et al. further discloses, wherein the transparent range mechanism further comprises a second rotatable member (117, Fig 4 which allows rotation of 116 and rotate with 108 during the movement of the operator; ¶0056, “first torque generator 108 further comprises pendulum 116 which is rotatably coupled to upper bracket 112 around pendulum joint 117”) coaxially arranged with the first rotatable member and attached to the thigh link (it is indirectly attached to the thigh link via the bracket of 108).
Regarding claim 35, Kazerooni et al. discloses, an assistive torque assembly (an exoskeleton 100, Fig 1) configured to produce an assistive torque about at least one joint of an operator (¶0056 implies generating torque about at least one joint of a wearer via first and second torque generators 108, 110 and first and second thigh links), the assistive torque assembly comprising:
at least one elastic mechanism (compression spring 120, Fig 4);
a transparent range mechanism (a pendulum 116 and a pendulum joint 117, Fig 4) configured to define a free range in which the operator may move without engaging the at least one elastic mechanism (¶0055, “… impose no resisting torques between supporting trunk 102 and the respective first and second thigh links 104 and 106… not in a bent position (i.e. when a predetermined portion of supporting trunk 102 does not pass beyond predetermined angle 242 from vertical 244 as shown in FIG. 3), person 200 can walk, ascend and descend stairs and ramps without any force imposed on person”; ¶0057,” This prevents engagement bracket 118 from sliding, causing compression spring 120 to be able to provide a resisting torque between upper bracket 112”); and
an assistive regulation device (a channel 160, a sliding block 162, and a locking pin 166, Figs 11-12) configured to determine a level of assistive torque provided by the at least one elastic mechanism (¶0061, “By positioning sliding block 162 in various locations and locking it by locking pin 166, one can provide various level of torque.”)
wherein the assistive regulation device comprises one or more cams (162, Figs 11-12) defining a profile and a plurality of recesses (holes which 166 is inserted into as shown in Figs 11-12) corresponding to a plurality of levels of assistive torque (¶0061).
Regarding claim 37, Kazerooni et al. discloses the assembly of claim 35 as discussed above.
Kazerooni et al. further discloses, wherein a second end (a first end 122 of compression spring as shown in Figs 11-12) of the at least one elastic mechanism is attached to a second bracket (a first end joint 123 which is connecting the elastic mechanism to the sliding block 162 as shown in Figs 11-12; ¶0056, “a compression spring 120 which is rotatably coupled to lower bracket 114 from its first end 122 around first end joint 123…a gas spring comprised of a rod 128 and a cylinder 129”)
wherein the second bracket is attached to a linkage assembly defining a pin (a locking pin 166, Figs 11-12) cooperating with the plurality of recesses of the one or more cams (¶0061, implies that the locking pin within the recess of the sliding is used to lock the position of sliding block as shown in Figs 11-12 so that various levels of torque can be provided).
Claims 21-26, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim et al. (machine translation of KR 20170052316 A).
Regarding claim 21, Shim et al. discloses, an assistive torque assembly (an exercise assisting apparatus of Fig 1) configured to produce an assistive torque about at least one joint of an operator (abstract, implies that the assembly is configured to produce an assistive torque when rotating a rotor on a profile ring; PG 3, ln 23-24, “…can be worn by a user to assist a user's movement”), the assistive torque assembly comprising:
at least one elastic mechanism (an elastic body 232 - 232a and 232-b of a joint assembly 10 of Fig 1 in another embodiment of Fig 8);
a transparent range mechanism (a rotating rotor 220 of Fig 8b, a profiling 210 of Fig 8c, a retaining ring 240 of Fig 8d) configured to define a free range (a free rotation period as shown in Figs 10a, 11a-11b) in which the operator configured to move without engaging the at least one elastic mechanism (PG 10, ln 31 - PG 15, ln 8, implies that the elastic potential energy may change by compressor stretching the elastic body and the elastic energy does not change until rotating shaft and the cable holder contacts to the end of guide slot which is free rotation period as shown in Fig 10a and Figs 11a-b. Further, if it is rotated more than within the profiling, the elastic body can be contracted/extended to change the elastic potential energy and further rotated, the distance to one side increases which increases the elastic energy); and
an assistive regulation device (an idler 233 - 233a and 233b as shown in Fig 8a) configured to determine a level of assistive torque provided by the at least one elastic mechanism (PG 11, ln 19-21, “The position of the idler 233 can be changed so that the tension of the cable 231 is increased by moving the idler 233 toward the extension body 220b or by moving the idler 233 away from the extension 220b, 231 can be reduced”);
wherein the assistive torque assembly comprises a housing (a housing of 10 as shown in Fig 1 which houses the embodiment of Fig 8a) and a thigh link (a front support 33, Fig 1);
wherein the transparent range mechanism comprises a first rotatable member (220, Fig 8b) comprising an extension portion (a portion of towards the 222, Fig 8b) configured to rotatably attach to a first bracket (240, Fig 8c which is rotatably attached by 250 which is disposed through the slack slot and the guide slot as shown in Fig 8a).
Regarding claim 22, Shim et al. discloses the assembly of claim 21 as discussed above.
Shim et al. further discloses, wherein the at least one elastic mechanism provides the assistive torque dependent on an angle of the at least one joint (PG 10, ln 31 - PG 15, ln 8, implies that the assistive torque is provided when the rotating rotor or the profiling rotates passed the predetermined angle as shown in Figs 10a and 11c as the elastic body is compressed or stretched).
Regarding claim 23, Shim et al. discloses the assembly of claim 21 as discussed above.
Shim et al. further discloses, wherein the thigh link comprises a thigh cuff configured to attach about a thigh of the operator (PG 4, ln 15 - 37, implies that the front support having cuffs as shown in Fig 1 can be secured to the thigh and move about an axis of rotation via the connected joint assembly so that it can support and assist the movement of the user).
Regarding claim 24, Shim et al. discloses the assembly of claim 21 as discussed above.
Shim et al. further discloses, wherein the housing comprises at least one cover configured to circumscribe one or more components of the assistive torque assembly (a housing/a cover of 10 as shown in Fig 1 which houses the embodiment of Fig 8a).
Regarding claim 25, Shim et al. discloses the assembly of claim 24 as discussed above.
Shim et al. further discloses, wherein the first bracket is attached to a first end of the at least one elastic mechanism (240, Fig 8c which is attached by 250 to a first end of the at least one elastic mechanism via the cable 231), the first bracket rotatably attaching to the extension portion by a first pivot pin (250, Fig 8a is rotatably attaching the 210, 220, and 241).
Regarding claim 26, Shim et al. discloses the assembly of claim 24 as discussed above.
Shim et al. further discloses, wherein the transparent range mechanism further comprises a second rotatable member (210, Figs 8a, 8c) coaxially arranged with the first rotatable member and attached to the thigh link (PG 10, ln 31 - PG 15, ln 8, implies that the first second rotatable members rotate about the axis of rotation; the rotatable members are moving as shown in Figs 11a-11c while attached to the thigh link indirectly).
Regarding claim 39, Shim et al. discloses, an assistive torque assembly (an exercise assisting apparatus of Fig 1) configured to produce an assistive torque about at least one joint of an operator (abstract, implies that the assembly is configured to produce an assistive torque when rotating a rotor on a profile ring; PG 3, ln 23-24, “…can be worn by a user to assist a user's movement”), the assistive torque assembly comprising:
at least one elastic mechanism (an elastic body 232 - 232a and 232-b of a joint assembly 10 of Fig 1 in another embodiment of Fig 8);
a transparent range mechanism (a rotating rotor 220 of Fig 8b, a profiling 210 of Fig 8c, a retaining ring 240 of Fig 8d) configured to define a free range (a free rotation period as shown in Figs 10a, 11a-11b) in which the operator configured to move without engaging the at least one elastic mechanism (PG 10, ln 31 - PG 15, ln 8, implies that the elastic potential energy may change by compressor stretching the elastic body and the elastic energy does not change until rotating shaft and the cable holder contacts to the end of guide slot which is free rotation period as shown in Fig 10a and Figs 11a-b. Further, if it is rotated more than within the profiling, the elastic body can be contracted/extended to change the elastic potential energy and further rotated, the distance to one side increases which increases the elastic energy); and
an assistive regulation device (an idler 233 - 233a and 233b as shown in Fig 8a) configured to determine a level of assistive torque provided by the at least one elastic mechanism (PG 11, ln 19-21, “The position of the idler 233 can be changed so that the tension of the cable 231 is increased by moving the idler 233 toward the extension body 220b or by moving the idler 233 away from the extension 220b, 231 can be reduced”);
a housing (a housing of the joint assembly 10 is arranged to be secured to the operator and held at the joint as shown in Fig 1) arranged to be secured to the operator and to be held stationary concerning the joint when worn by the operator;
a thigh link (a front support 33, Fig 1) rotatable about a first axis of rotation corresponding to the operator's joint, the thigh link having a high cuff arranged to engage the operator's thigh to produce resistive moments about the first axis of rotation (PG 4, ln 15 - 37, implies that the front support having cuffs as shown in Fig 1 can be secured to the thigh and move about an axis of rotation via the connected joint assembly so that it can support and assist the movement of the user);
a first rotatable member (220, Figs 8a-8b) arranged to be brought into relative motion about the first axis of rotation due to movement of the joint of the operator (PG 10, ln 31 - PG 15, ln 8, implies that the first rotatable member rotates relative motion about the first axis as the user moves; the rotatable members are moving as shown in Figs 11a-11c), the first rotatable member having an engagement portion (an anti-slack slot 222, Fig Figs 8a-8b), the at least elastic mechanism attaching at a first end (a front surface of 222 which is connected via a cable holder 250 and cable 231 as shown on Figs 8a-8b; Examiner interprets the attachment can be indirectly or directly as BRI) to the engagement portion of the first rotatable member;
a second rotatable member (210, Figs 8a, 8c) arranged relative to the first rotatable member such that the first and second rotatable members are mutually rotatable about the first axis of rotation (PG 10, ln 31 - PG 15, ln 8, implies that the first second rotatable members rotate about the first axis of rotation; the rotatable members are moving as shown in Figs 11a-11c); wherein the second rotatable member is secured to the thigh link and is configured to engage the first rotatable member and the elastic mechanism attached to it when the thigh link is rotated to a predetermined flexion angle and a predetermined extension angle relative to the assistive torque assembly (movements as shown in Figs 11a-11c; PG 10, ln 31 - PG 15, ln 8, implies that it is capable of rotating towards flexion angle and the extension angle the second and the second rotatable member is indirectly secured to the thigh as shown in Fig 9 and once the cable holder is at the end of the profile ring, the second rotatable member allows the elastic potential energy to be engaged via the first rotatable member and the elastic mechanism to the thigh link).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 36, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Kazerooni et al. (US 20160206498 A1) as applied to claims 35 and 37 above, and further in view of Moise et al. (US 20200139537 A1).
Regarding claim 36, Kazerooni et al. discloses the assembly of claim 35 as discussed above.
While Kazerooni et al. discloses, the torque adjustment means is a stationary cam which translate back and forth by changing the position of sliding block so that the position of the sliding block in various locations via the locking pink can provide various level of torque due to change in the distance of the at least one elastic member respect to the joint (¶0061), Kazerooni et al. does not specifically discloses, a rotating cam and wherein the one or more cams are configured to be rotatable by a dial between the plurality of levels of assistive torque.
However, Moise et al. (Examiner note that the Moise et al. discloses that various modification, and alternative construction, combination, and equivalent falling within the scope of the disclosure as described in ¶0042) which is analogous to the claimed invention for passive assistive exoskeletons arranged to reduce the physical effort of operators (¶0001) and comprising an assistive regulation device (a cam assembly 310, Figs 12-15B) configured to determine a level of assistive torque provided by the at least one elastic mechanism (¶0116, “…for permitting a user to regulate the tension of the elastic mechanism 306 by adjusting the position of the cam assembly 310”) by adjusting position so that the different distances by the position cause a change of the elastic mechanism which resulting in different level of assistance (¶0118), teaches a rotating cam (cams 338, 340 of the cam assembly 310 as shown in Figs 12-15B) and wherein the one or more cams are configured to be rotatable by a dial (350, Figs 12-15B) between the plurality of levels of assistive torque (¶0116-0118) in order to offer different exoskeleton assistance to one of predetermined settings.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Kazerooni et al. to substitute with a rotating cam and wherein the one or more cams are configured to be rotatable by a dial between the plurality of levels of assistive torque as taught by Moise et al. in order to offer different exoskeleton assistance to one of predetermined settings (¶0116-0118) and one skilled in the art could have combined the elements as claimed by known method with no change in their respective function and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See MPEP 2143.B.
Regarding claim 38, Kazerooni et al. discloses the assembly of claim 37 as discussed above.
While Kazerooni et al. discloses, the torque adjustment means is a stationary cam which translate back and forth by changing the position of sliding block so that the position of the sliding block in various locations via the locking pin can provide various level of torque due to change in the distance of the at least one elastic member respect to the joint (¶0061) and as the distance changes by the sliding block, the linkage assembly translate away from the transparent range mechanism as shown in Figs 11-12 , Kazerooni et al. does not specifically discloses, a rotating cam and wherein the assistive regulation device is configured to change a length of the at least one elastic mechanism by rotating the one or more cams, the rotation of the one or more cams translating the linkage assembly away from the transparent range mechanism.
However, Moise et al. (Examiner note that the Moise et al. discloses that various modification, and alternative construction, combination, and equivalent falling within the scope of the disclosure as described in ¶0042) which is analogous to the claimed invention for passive assistive exoskeletons arranged to reduce the physical effort of operators (¶0001) and comprising an assistive regulation device (a cam assembly 310, Figs 12-15B) configured to determine a level of assistive torque provided by the at least one elastic mechanism (¶0116, “…for permitting a user to regulate the tension of the elastic mechanism 306 by adjusting the position of the cam assembly 310”) by adjusting position so that the different distances by the position cause a change of the elastic mechanism which resulting in different level of assistance (¶0118) and a linkage assembly defining a pin (342, Figs 12-15B) cooperating with the recess (¶0115, “at least one cam 338, 340 that is selectively engageable with a positional holder 342”) , teaches a rotating cam (cams 338, 340 of the cam assembly 310 as shown in Figs 12-15B) and
wherein the assistive regulation device is configured to change a length of the at least one elastic mechanism by rotating the one or more cams (¶0116-0118), the rotation of the one or more cams translating the linkage assembly (¶0118-0120, implies that the pin is translated due to the shape/depression/radius of the came when rotating) in order to offer different exoskeleton assistance to one of predetermined settings.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Kazerooni et al. to substitute with a rotating cam and wherein the assistive regulation device is configured to change a length of the at least one elastic mechanism by rotating the one or more cams, the rotation of the one or more cams translating the linkage assembly away from the transparent range mechanism as taught by Moise et al. in order to offer different exoskeleton assistance to one of predetermined settings (¶0116-0118) and one skilled in the art could have combined the elements as claimed by known method with no change in their respective function and the combination yielded nothing more than predictable results to one of ordinary skill in the art. See MPEP 2143.B.
Allowable Subject Matter
Claims 27-34, and 40 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The closest identified prior art documents of record are Kazerooni et al. (US 20160206498 A1), Shim et al. (machine translation of KR 20170052316 A), and Asbeck et al. (US 20210298985 A1).
Regarding claim 27, Kazerooni et al. discloses, the main components of the assembly and the transparent range mechanism is achieved when the pendulum 116 is not engaging the teeth or dented portion of the engaging bracket as shown in Fig 12 which does not require any form of a switch that secures a selection shaft, but the prior art does not specifically suggest or teach wherein the transparent range mechanism further comprises a free mode switch secured to a selection shaft, the selection shaft coaxially arranged with the first and second rotatable members.
The transparent range mechanism of Shim et al. is achieved when the movement of the user does not exceed the predetermined angle as shown in Figs 11a-11b so that it is triggered by the movement of the user similarly to Kazerooni et al., but the prior art does not specifically suggest or teach wherein the transparent range mechanism further comprises a free mode switch secured to a selection shaft, the selection shaft coaxially arranged with the first and second rotatable members.
Asbeck et al. discloses, a transparent range mechanism as shown in Fig 9A-9B which is design to allow a user to disengage the force device of an embodiment of an exoskeleton (¶0051) and a free mode switch (180, Figs 9A-9B) and a selection shaft (a pin), but the prior art does not specifically discloses, a first rotatable member comprising an extension portion configured to rotatably attach to a first bracket and a second rotatable member coaxially arranged with the first rotatable member and attached to the thigh link.
It is thus found that one of ordinary skill in the art at the time of the invention would only have arrived at the instantly claimed inventions by way of improper hindsight reasoning.
Regarding claim 40, Shim et al. discloses, the main components of the assembly of claim 39 and wherein the first and second rotatable members are rotating about user’s joint in combination of the tension holder as shown in Figs 11a-11c, but the prior art does not specifically suggest or teach wherein the second rotatable member includes one or more protrusions configured to engage with one or more pawls of the first rotatable member at the predetermined flexion angle or the predetermined extension angle, such that the first rotatable member engages the elastic mechanism when the thigh link is rotated beyond the predetermined flexion angle or the predetermined extension angle.
No other prior arts have been found that teaches or suggest all the claimed feature of claim 40 in view of the arrangement of the components in claim 39.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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