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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-9 and 16-20) in the reply filed on 01/30/2026 is acknowledged. As such, claims 10-15 have been withdrawn from consideration. Claims 1-9 and 16-20 have been examined as set forth below.
Claim Objections
Claim 3 is objected to because of the following informalities: the term “device;” in line 2, needs to be changed to “device,”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the phrase “adjust third strength” in line 6, needs to be changed to “adjust the strength to third strength”. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: the phrase “a joint of a user” in line 3, needs to be changed to “the joint of the user”. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: the phrase “adjust third strength” in line 4, needs to be changed to “adjust the strength to third strength”. 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.
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 3 and 20 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.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 3 recites: “adjust the strength of the rotational motion from the first strength to the second strength different from the first strength based on the identified data or the heart rate”, while claim 1, upon which claim 3 depends, recites: “at least based on identifying the rotational motion is ceased for a preset duration based on the identified data, adjust the strength of the rotational motion from the first strength to second strength different from the first strength”. Claim 1 recites that based on the identified data (indicating rotational motion of the joint by at least one sensor), identification that the rotational motion is ceased is made and therefore, the strength of the rotational motion is adjusted from the first strength to second strength different from the first strength. Accordingly, in claim 1, adjusting the strength from the first strength to second strength, is already based on identified data. In other words, such strength adjustment based on the identified data is required in claim 1. However, the limitations of claim 3, which recites that such strength adjustment is based on the identified data or the heart rate, indicates that such strength adjustment can be based on the heart rate and not based on the identified data. Such limitation conflicts with the limitations of claim 1. As such, it is unclear how the electronic device that adjusts the strength of the rotational motion from the first strength to second strength different from the first strength data, at least based on identifying the rotational motion is ceased for a preset duration, based on the identified data (recited in claim 1), also performs the same adjustment not based on the identified data. Further clarification and appropriate corrections are respectfully requested.
Claim 20 recites the limitation "the identifying the identified parameter being maintained within the preset range" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al. (US 2019/0046078 A1).
Regarding claims 1 and 16, Lim discloses an electronic device (100, Figs. 1 and 4)/a method performed by an electronic device, comprising:
an actuator (driver 130, the driver may include one or more motors) associated with a joint of a user of the electronic device (¶ [100]-[101]);
at least one sensor (110, Fig. 1, ¶ [84]-[85]);
memory (125) storing one or more computer programs (¶ [89]-[91], [97]); and
one or more processors (within controller 120, ¶ [89]-[90]) operatively coupled with the actuator (¶ [92]), the at least one sensor (¶ [87]), and the memory (¶ [91]), wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors (¶ [91]), cause the electronic device to/the method comprising:
adjust/adjusting strength of rotational motion of the joint as first strength indicated by information associated with the user by using the actuator (¶ [92]-[96], [103], [122], [164]-[168], [170]-[172], [208]-[209], [211]-[212], [240]-[241], the display 140 may display a user interface (UI) configured to control a gain and/or a delay to the user. Also, the walking assistance apparatus 100 may adjust the torque profile/output torque based on the weight of the users. For example, the controller 120 may receive data from either user input or from sensors indicating the weight of the users, and may increase or decrease the torque profile based on whether the weight of the user is above or below a threshold. Also the controller 120, may utilize equation 3 to determine the state variable y, and set the gain A (associated with strength of the assistance torque) applied to the state variable y based on user input. The walking assistance apparatus 100 may operate in an assist mode 2210 or a resist mode 2220. Please note that the first strength has been considered to be the strength adjusted within the positive or negative range),
after adjusting the strength of the rotational motion to the first strength, identify/identifying data indicating the rotational motion of the joint by using the at least one sensor (Figs. 10, 23 and 25, ¶ [84], [95], [144]-[145], the controller 120 may control an assistance torque that is output immediately in response to a current motion of the user. The first and second graphs in each of Fig. 23 and Fig. 25, shows identification of data indicating the rotational motion of the hip joint (angle and velocity)), and
at least based on identifying the rotational motion is ceased for a preset duration based on the identified data (e.g., stop at 65s, 75s in Fig. 10), adjust/adjusting the strength of the rotational motion from the first strength to second strength different from the first strength (Figs. 10, 12, 23 and 25, ¶ [96], [144]-[145], the controller 120 may stably respond to stop of the motion. When a user stops walking, a hip joint range of motion (ROM) decreases. Looking at Fig. 10, when the user stops (at 65s), the assistance torque decreases to zero or close to zero. The same appears to be the case in Fig. 23 (between about 7.7s – 8.3s) and Fig. 25 (between about 4.7s – 5.5s). As such, when the rotational motion is ceased (when the user stops) the strength of the rotational motion (torque applied) changes from the first strength to a second strength different from the first strength).
Claims 1, 9, 16-17 and 20 are also rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2018/0116897 A1) (as necessitated for claims 9, 17 and 20).
Regarding claims 1 and 16, Lee discloses an electronic device (100/400, Figs. 1 and 4)/a method performed by an electronic device, comprising:
an actuator associated with a joint of a user of the electronic device (110/430, Fig. 4, ¶ [60]-[61], [77]);
at least one sensor (120/450, 130/460, ¶ [60], [62]-[63], [77]);
memory storing one or more computer programs (440, ¶ [81]);
one or more processors (420, Fig. 4) operatively coupled with the actuator, the at least one sensor, and the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors (¶ [77]-[81]), cause the electronic device to/the method comprising:
adjust/adjusting strength of rotational motion of the joint as first strength indicated by information associated with the user by using the actuator (at 515, first strength being torque applied according to gait assist mode, Figs. 5 and 17, ¶ [90]-[91], [117], [161]-[165]),
after adjusting the strength of the rotational motion to the first strength, identify/identifying data indicating the rotational motion of the joint by using the at least one sensor (Fig. 5, ¶ [90]),
at least based on identifying the rotational motion is ceased for a preset duration based on the identified data (when user is standing, Fig. 5, ¶ [102]), adjust/adjusting the strength of the rotational motion from the first strength to second strength different from the first strength (¶ [90]-[93], [102], [120]-[121], [145]-[147], depending on determining the user is standing and various parameters (i.e. joint angle, etc.), a first assist mode (for balance state) in which weaker assist torque is provided, to enable the user have a preset balanced posture, can be provided).
Regarding claims 9 and 20, Lee discloses wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to/the method further comprising: in response to identifying that a parameter is maintained within a preset range after adjusting the strength of the rotational motion to the second strength smaller than the first strength (i.e., when the user is in a balanced standing posture/preset posture), adjust/adjusting (the strength to) third strength smaller than the second strength (¶ [97], when the processor determines that the user has been standing (including in the balanced standing posture) for an excess period of time, the processor may disable the assistance torque provided, hence zero assistance torque (third strength) is provided).
Regarding claim 17, Lee discloses the method further comprising: identifying that a parameter is maintained within a preset range (¶ [102], for instance, the processor 420 verifies ha the user is in the standing state when the sensing data is maintained within a desired (or, alternatively, a preset) range during a desired (or, alternatively, a preset) period of time), wherein the identifying of the parameter further comprises: identifying the data indicating at least one of an angle or angular speed of the joint by using an inertial measurement unit (IMU) sensor (130) to estimate motion of the electronic device caused by the rotational motion of the joint (¶ [60], [63], [102]); and in response to the identifying of the rotational motion being ceased for the preset duration based on at least one of the angle or the angular speed indicated by the data, adjusting the strength of the rotational motion from the first strength to the second strength (¶ [90]-[93], [102], [120]-[121], [145]-[147], see the provided explanation in claim 1 above).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lim as applied to claim 1 above, and further in view of Choi et al. (US 2017/0027801 A1).
Regarding claim 2, Lim teaches wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: identify the data indicating at least one of an angle or angular speed of the joint by using the at least one sensor to estimate motion of the electronic device caused by the rotational motion of the joint (¶ [84]-[85]); and in response to identifying that the rotational motion is ceased for the preset duration based on at least one of the angle or the angular speed indicated by the data, adjust the strength of the rotational motion from the first strength to the second strength (Figs. 10, 12, 23 and 25, ¶ [96], [144]-[145], also see above provided explanation in claim 1).
Regarding claim 3, Lim teaches the electronic device further comprising: a communication circuitry to communicate with an external electronic device (electronic device 1930 (which may be a portable electronic device) is considered an external electronic device, ¶ [192]-[196], since the electronic device 1930 may communicate with the walking assistance apparatus 100, a communication circuitry has to exist in the walking assistance apparatus 100); wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: identify a biosignal of the user from the external electronic device (¶ [197], identify/sensing a biosignal), and adjust the strength of the rotational motion from the first strength to the second strength different from the first strength based on the identified data or the heart rate (Figs. 10, 12, 23 and 25, ¶ [96], [144]-[145], based on the identified data. Also see above provided explanation in claim 1).
Lim is silent about the at least one sensor corresponding to an inertial measurement unit (IMU) sensor, and identifying a heart rate of the user (as the biosignal) from the external electronic device.
Regarding claim 2, Choi teaches an electronic device (100), comprising: an actuator (driver 140) associated with a joint of a user of the electronic device (Figs. 3-4); at least one sensor (105, 110, ¶ [63], [65]), memory storing one or more computer programs (¶ [138]) and one or more processors (controller 120) operatively coupled with the actuator, the at least one sensor and the memory (¶ [77]), wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors (¶ [140]-[141]), cause the electronic device to: identify data indicating at least one of an angle or angular speed of the joint by using the at least one sensor (110) corresponding to an inertial measurement unit (IMU) sensor to estimate motion of the electronic device caused by the rotational motion of the joint (¶ [66]-[69]).
Regarding claim 3, Choi teaches the electronic device further comprising: a communication circuitry to communicate with an external electronic device (electronic device 1100 (which may be a portable electronic device), is considered an external electronic device, ¶ [128]-[135]); wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: identify a heart rate of the user from the external electronic device (¶ [19]-[20], [22], [83]), and adjust the strength of the rotational motion from a first strength to a second strength different from the first strength based on the identified data or the heart rate (¶ [53]-[54], [83]-[86], [120], [123], based on the heart rate).
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 Lim’s invention wherein the at least one sensor corresponds to an inertial measurement unit (IMU) sensor, and identifying a heart rate of the user (as the biosignal) from the external electronic device, as taught by Choi in order to more accurately measure various parameters regarding a user’s motion and to prevent the user from being potentially harmed due to overexertion, especially when the user is an elderly user.
Claims 4-5 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lim as applied to claims 1 and 16 above, and further in view of Lee et al. (US 2018/0116897 A1).
Lim is silent about wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to/the method further comprising: at least based on identifying that the rotational motion is ceased for another preset duration different from the preset duration after adjusting the strength of the rotational motion to the second strength, adjust/adjusting the strength of the rotational motion to third strength that is different from the second strength to maintain a posture of the joint as a first preset posture.
Regarding claims 4 and 18, Lee teaches an electronic device (see rejection of claim 1 under 35 U.S.C. §102 as being anticipated by Lee above, for further details), wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to/the method further comprising: at least based on identifying that the rotational motion is ceased for another preset duration different from the preset duration after adjusting the strength of the rotational motion to the second strength, adjust/adjusting the strength of the rotational motion to third strength that is different from the second strength to maintain a posture of the joint as a first preset posture (¶ [6]-[7], [25], [29], [90], [102], [145]-[147], the processor 420 verifies whether a user wearing the balance controlling apparatus 400 in in a standing state. If the processor 420 verifies that the user is not in the standing state, the processor 420 may perform operation 515 (gait assist mode) whereby assistance torque is provided based on the gait state of the user (see Figs. 5 and 17). If the processor 420 verifies that the user is in the standing state, the processor 420 may perform operation 520. The processor 420 verifies that the user is in the standing state when the sensing data is maintained within a desired (or preset) range during a desired (preset period of time). If the user is in the standing state, then the processor 420 may determine an appropriate assist mode (e.g., first-third mode), wherein the first assist mode may correspond to a weaker assist torque being provided, the second assist mode may correspond to a stronger assist torque being provided, and a third assist mode may be a gait assist mode (if the user takes a step). As explained above for claim 1, Lim teaches applying assist/resist torque as the user is walking based on determined hip joint angle (see Figs. 10, 23 and 25). Lim also teaches that if the user stops, the assist/resist torque decreases to zero or close to zero (see Figs. 10, 23 and 25). Upon modification of Lim’s invention with features of Lee, the device would be able to identify whether the user is standing or not (hence user walking) based on motion data. If it is determined that the user is standing (rotational motion ceased for another preset period of time (i.e. no step is taken by the user)), then based on the balance state of the user (i.e., corresponding to a hip joint angle), one of the first mode or second mode corresponding to a first and a second assist torque (associated with a first and a second target joint angle), respectively, may be provided to have the user balanced and maintained in a balanced standing posture (first preset posture)).
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 Lim’s invention wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to/the method further comprising: at least based on identifying that the rotational motion is ceased for another preset duration different from the preset duration after adjusting the strength of the rotational motion to the second strength, adjust/adjusting the strength of the rotational motion to third strength that is different from the second strength to maintain a posture of the joint as a first preset posture, as taught by Lee in order to provide for a device that assists users with various medical conditions, in performing various daily movements including walking and standing while keeping balance.
Regarding claims 5 and 19, Lim in view of Lee teaches wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to/the method further comprising: in a first time section that the posture of the joint is changed from the first posture to a second posture by the rotational motion, adjust/adjusting the strength of the rotational motion to the first strength (Lim: Figs. 10, 23 and 25, when the user starts walking (second posture) from stopping (first posture), the assist/resist torque is applied accordingly, corresponding to the first strength; Lee: Figs. 5 and 17, from standing (first posture) to walking (second posture), the assist torque is changed to the first strength according to the gait assist mode); and in a second time section different from the first time section that the posture of the joint is changed from the second posture to the first posture by the rotational motion, cease/ceasing to adjust the strength of the rotational motion at least temporarily (Lim: ¶ [103], [189], the user may control, using the user interface (UI) displayed, a gain associated with a strength of an assistance torque and/or control a delay associated with a time at which the assistance torque is to be output. Also the user may manually control (start, stop or end) the gait assistance using the remote controller 1810. As such, upon modification of Lim with features of Lee, in a second time, using the UI, the user can adjust the gain and/or delay such that adjustment to the strength of the rotational motion/assist/resist torque is at least temporarily ceased, when the posture is changed from the second posture (walking) to the first posture (standing/stopping). In addition, in a second time section that the posture of the joint is changed from the second posture (walking) to the first posture (standing/stopping), using the remote controller 1810, the user can have the adjustment of the strength of the rotational motion ceased using a stop/end gait assistance).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lim as applied to claim 1 above, and further in view of Konishi et al. (US 2011/0205067 A1).
Lim is silent about the electronic device further comprising a speaker, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: after changing the strength of the rotational motion to the second strength, output an acoustic signal to guide the rotational motion through the speaker/while adjusting the strength of the rotational motion to the first strength or the second strength, identify other data indicating motion of the electronic device by using the at least one sensor; and in response to identifying occurrence of other motion different from the rotational motion based on the other data, cease to adjust the strength of the rotational motion to the first strength or the second strength at least temporarily.
Regarding claim 7, Konishi teaches an electronic device comprising: an actuator (motor 26, ¶ [27], Figs. 1A-1B), at least on sensor (20, 22 and 24 (on each of left and right leg), 42), memory storing one or more computer programs (¶ [31]); one or more processors coupled with the actuator, the at least one sensor, and the memory (¶ [27], [30]-[31]), a speaker (headphone 40), wherein the one or more computer programs include computer-executable instructions that, when executed by one or more processors (controller 30), cause the electronic device to: output an acoustic signal to guide the rotational motion through the speaker (Figs. 4-6, ¶ [5], [13], [37], [39]-[40], upon modification of Lim’s invention with features of Konishi, after (each or any) changing the strength of the rotational motion to the second strength (i.e., zero or near zero assist/resist torque), and upon starting to walk again, such acoustic signal (sound) to guide the rotational motion (walking motion) through the headphone (as taught by Konishi) can be provided).
Regarding claim 8, Konishi teaches wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: while adjusting the strength of the rotational motion to a first strength or a second strength (i.e., adjusting the strength according to a torque profile), identify other data indicating motion of the electronic device by using the at least one sensor (¶ [28]-[29], [48], utilizing arm motion sensor 42); and in response to identifying occurrence of other motion different from the rotational motion based on the other data, cease to adjust the strength of the rotational motion to the first strength or the second strength at least temporarily (¶ [48], detecting two successive arm swings, can stop the operation of the walking assist device (10), as such, sensor 42 acts as a power switch of the walking assist device (10). As such, while adjusting the strength of the rotational motion (applying assistance torque, Figs. 4-6), upon detecting two successive arm swings using the sensor 42, the operation of the walking assist device (10) is stopped, hence the strength adjustment of the rotational motion (providing torque), is ceased/stopped).
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 Lim’s invention with a speaker, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: after changing the strength of the rotational motion to the second strength, output an acoustic signal to guide the rotational motion through the speaker/while adjusting the strength of the rotational motion to the first strength or the second strength, identify other data indicating motion of the electronic device by using the at least one sensor; and in response to identifying occurrence of other motion different from the rotational motion based on the other data, cease to adjust the strength of the rotational motion to the first strength or the second strength at least temporarily, as taught by Konishi in order to better assist a user for walking rehabilitation, in which the user is informed of various changes in advance, therefore, avoid potential walking anxiety using the device and also to provide for a more user friendly device in which the user is able to control the operation of the device through other motions (i.e. consecutive arm swings) when needed, especially during emergency situation, thereby preventing the user from potential harm.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 6, the closest prior art of record (Lim, Lee, Choi, Konishi), alone or in combination, fail to teach the electronic device according to claims 1 and 4-5, with all the structural components and functional limitations, and further wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: in response to identifying that a number by which the posture of the joint is periodically changed by the rotational motion is increased to a preset number indicated by the information after adjusting the strength of the rotational motion to the first strength, adjust the strength of the rotational motion to the second strength different from the first strength. As such, these limitations are considered allowable over the teachings of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0229055 A1 to Kim et al. (pertinent to claims 1 and 16).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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