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 .
Information Disclosure Statement
The information disclosure statement filed on 09/05/2024 has been received and fully considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-4 and 6-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14-17, 19-32, and 34-36 of U.S. Patent No. US12,097,159B2 (hereinafter “ ‘159 “) in view of US20180079071A1 to Griffith et al. (hereinafter “Griffith”).
Regarding claim 1, ‘159 discloses a textile actuator assembly, comprising: an abduction textile envelope that defines a chamber that is made fluid-impermeable by at least one of: (a) a fluid-impermeable bladder contained in the textile envelope; and (b) a fluid-impermeable structure incorporated into the textile envelope; and at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso under the wearer's arm when the wearer is upright, wherein the abduction textile envelope has a pre determined predetermined geometry in its equilibrium state that is configured to produce a displacement mostly via a change in geometry between an uninflated shape and the predetermined geometry of its equilibrium state after inflation due to displacement of the textile envelope rather than via stretching of the textile envelope during a relative increase in pressure inside the chamber, and wherein the abduction textile envelope has a first end and a second end, wherein the first end of the abduction textile envelope is secured to the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the abduction textile envelope is secured to the garment configured to be worn on the wearer's arm (Claims 1, 31, and 32).
‘159 does not disclose and a sensor positioned and configured to sense the textile envelope or a wearer of the at least one garment; and a controller configured to receive readings from the sensor and to communicate with a fluid source to command the fluid source to pump fluid into or out of the textile envelope in response to readings from the sensor. However, Griffith discloses a soft actuator which has and a sensor positioned and configured to sense the textile envelope or a wearer of the at least one garment; and a controller configured to receive readings from the sensor and to communicate with a fluid source to command the fluid source to pump fluid into or out of the textile envelope in response to readings from the sensor (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Fig. 15 control module 1510; Paragraph 0070 discloses the control module 1510 is operably connected to pneumatic module 1520; Paragraph 0071 discloses the control module can selectively inflate and/or deflate the actuators; Paragraph 0073-0074 discloses the sensors inform the control module).
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 claim 1 of ‘159 to have a sensor and controller for sensing the garment and supplying fluid to the actuator, as taught by Griffith, in order to provide a means of controlling supply of air to the actuators.
Regarding claim 2, ‘159 discloses in view of Griffith the textile actuator assembly of claim 1, and ‘159 further discloses further comprising at least one of the following horizontal textile envelopes: (i) a horizontal-flexion textile envelope including a first end and a second end, wherein the first end is secured to a front side of the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the horizontal-flexion textile envelope is mounted against the abduction textile envelope or against an arm of the wearer and is configured, when inflated, to displace the abduction textile envelope and the arm toward a rear side of the garment configured to be worn on the wearer's torso under the wearer's arm; and (ii) a horizontal-extension textile envelope including a first end and a second end, wherein the first end is secured to the rear side of the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the horizontal-extension textile envelope is mounted against the abduction textile envelope or against the arm of the wearer and is configured, when inflated, to displace the abduction textile envelope and the arm toward the front side of the garment configured to be worn on the wearer's torso under the wearer's arm (Claims 1 and 32).
Regarding claim 3, ‘159 in view of Griffith discloses the textile actuator assembly of claim 2, and ‘159 further discloses wherein the actuator assembly comprises both the horizontal-flexion textile envelope and the horizontal-extension textile envelope (Claim 36).
Regarding claim 4, ‘159 in view of Griffith discloses the textile actuator assembly of claim 3, and ‘159 as modified by Griffith further discloses wherein the garment configured to be worn on the wearer's torso is a vest, wherein the horizontal-flexion textile envelope and the horizontal-extension textile envelope each comprise a substantially inextensible textile envelope that defines a chamber that is made fluid-impermeable by at least one of: (a) a fluid-impermeable bladder contained in the substantially inextensible textile envelope and (b) a fluid-impermeable structure incorporated into the substantially inextensible textile envelope, and wherein the substantially inextensible textile envelope has a predetermined geometry that produces an equilibrium state at a non-180°-angle displacement and that stops further displacement upon pressurization of the chamber (Claim 32).
Regarding claim 6, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the sensor is configured to measure at least one of the following properties of the abduction textile envelope: pressure, contact force, applied torque/force, displacement, curvature, deformation, movement, and degree of inflation (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes Griffith as modified by ‘159 would have Griffith’s sensor measuring the abduction envelope of ‘159).
Regarding claim 7, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the sensor is configured to measure a physiological phenomenon of the wearer (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes any one of acceleration, force, or position of the user is taken to be a physiological phenomenon of the wearer).
Regarding claim 8, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the physiological phenomenon includes a joint angle, respiration, or contact force (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D).
Regarding claim 9, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the sensor is selected from an inertial measurement unit (IMU), a gyroscope, a string potentiometer, a pressure sensor, and a strain sensor (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes a force sensor senses pressure).
Regarding claim 10, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 further discloses wherein the abduction textile envelope is substantially inextensible (Claim 2).
Regarding claim 11, ‘159 discloses in view of Griffith the textile actuator of claim 10, and ‘159 further discloses wherein the abduction textile envelope comprises multiple yarn families, and wherein substantially inextensible means the textile envelope stretches less than 25% under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and a gauge length of 40mm (Claim 3).
Regarding claim 12, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 further discloses wherein the abduction textile envelope comprises multiple yarn families, and wherein the abduction textile envelope stretches by no more than 10% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110 mm (Claim 4).
Regarding claim 13, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 further discloses wherein the pre-determined geometry of the at least one textile envelope includes a plurality of path-lengthening textile features, and wherein the at least one textile envelope is configured to provide a majority of the displacement via extension of the path-lengthening textile features of the textile envelope when actuated via the relative increase in pressure in the chamber (Claim 5).
Regarding claim 14, ‘159 in view of Griffith discloses the textile actuator assembly of claim 13, and ‘159 further discloses wherein the path-lengthening textile feature is in the form of a patterned geometry (Claim 6).
Regarding claim 15, ‘159 in view of Griffith discloses the textile actuator assembly of claim 14, and ‘159 further discloses wherein the patterned geometry includes at least one feature selected from gathers, pleats, folds, and darts (Claim 7).
Regarding claim 16, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 further discloses wherein the predetermined geometry of the at least one textile envelope is designed to produce a nonlinear relationship between the torque of the at least one textile envelope and the displacement of the at least one textile envelope over greater than 50% of the range of displacement (Claim 8).
Regarding claim 17, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 further discloses wherein the textile actuator assembly includes at least one inclusion that is substantially stiffer than a textile of which the abduction textile envelope is comprised and that is configured to constrain displacement of the abduction textile envelope (Claim 9).
Regarding claim 18, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the at least one garment comprises: a vest; and an arm wrap, wherein the abduction textile envelope is mounted on one side to the vest and on another side to the arm wrap, wherein the predetermined geometry of the abduction textile envelope produces an equilibrium state at a non-180°-angle displacement and stops further displacement upon pressurization of the chamber (Claim 31).
Regarding claim 19, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses wherein the at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso is a single garment (Claim 34).
Regarding claim 20, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified Griffith further discloses wherein the at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso includes distinct garments configured to be worn on the wearer's arm and to be worn on the wearer's torso under the wearer's arm (Claim 35).
Regarding claim 21, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses a method for actuator-facilitated motion, comprising: utilizing the textile actuator assembly of claim 1, wherein the abduction textile envelope is worn by a wearer with the first end of the abduction textile envelope secured to the garment on the wearer's torso under the wearer's axilla and with the second end of the abduction textile envelope secured to the at least one garment on an underside of an upper portion of the wearer's arm (Claim 10); delivering a fluid into or out of the chamber of the abduction textile envelope to displace the abduction textile envelope primarily by transitioning from an uninflated state to the pre-determined geometry due to displacement of the abduction textile envelope rather than via stretching or contraction of the abduction textile envelope (Claim 10); at least one of (a) abducting or adducting the arm of the wearer via the displacement of the abduction textile envelope and (b) supporting and holding the arm of the wearer in an abducted position with the abduction textile envelope in a pressurized, stiffened state (Claim 10);
sensing the abduction textile envelope or the wearer wearing the at least one garment (Griffith Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes that Griffith’s sensors would sense displacement achieved via inflation of ‘159 actuators); and
controlling the delivery of fluid into or out of the chamber of the abduction textile envelope in response to the sensing of the abduction textile envelope or the wearer (Griffith Fig. 15 control module 1510; Paragraph 0070 discloses the control module 1510 is operably connected to pneumatic module 1520; Paragraph 0071 discloses the control module can selectively inflate and/or deflate the actuators; Paragraph 0073-0074 discloses the sensors inform the control module; Examiner notes the control logic of Griffith would be used to control actuator of ‘159).
Regarding claim 22, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the fluid is delivered to the chamber of the abduction textile envelope after the wearer has moved the arm to a desired abducted position where support is needed (Claim 11).
Regarding claim 23, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the arm is displaced at a specific non-180o angle by delivering the fluid to the chamber of the abduction textile envelope to reach the abduction textile envelope’s equilibrium state, the method further comprising stopping further displacement of the arm beyond the specific non-180o degree angle by the pre-determined geometry of the abduction textile envelope (Claim 12).
Regarding claim 24, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the at least one garment includes a vest worn by the wearer (Claim 14).
Regarding claim 25, ‘159 in view of Griffith discloses the method of claim 24, and ‘159 as modified by Griffith further discloses wherein the abduction textile envelope is mounted along the upper portion of the wearer's arm via a wrap encircling the upper portion of the wearer's arm (Claim 15).
Regarding claim 26, ‘159 in view of Griffith discloses the method of claim 24, and ‘159 as modified by Griffith further discloses wherein a linkage is mounted to the vest and to the abduction textile envelope to constrain displacement of the abduction textile envelope (Claim 16).
Regarding claim 27, ‘159 in view of Griffith discloses the method of claim 24, and ‘159 as modified by Griffith further discloses wherein the chamber of the abduction textile envelope is segmented, and wherein the abduction textile envelope comprises a spine including at least two plates that help resist misalignment of the chamber segments and a textile that contains the plates and extends between them to act as a hinge (Claim 17).
Regarding claim 28, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the arm is displaced at a specific angle by actuating the textile actuator assembly via the fluid delivery to reach its equilibrium state, the method further comprising stopping further displacement of the arm beyond the specific angle by the pre-determined geometry of the abduction textile envelope, preventing excessive displacement of the abduction textile actuator assembly that over-extends the arm or a joint formed by the arm (Claim 19).
Regarding claim 29, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses further comprising fluctuating a fluid pressure over a pressure range that extends above and below a wrinkling pressure of the abduction textile envelope in order to leverage specific stiffness characteristics for actuation and de-actuation of the abduction textile envelope (Claim 20).
Regarding claim 30, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein substantially inextensible means the abduction textile envelope stretches less than 25% under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length of 110mm (Claim 21).
Regarding claim 31, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the abduction textile envelope stretches by no more than 10% in a primary fiber direction when the fluid is pumped into the chamber (Claim 22).
Regarding claims 32 and 33, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the abduction textile envelope has different path lengths on opposite sides of the abduction textile envelope wherein the predetermined geometry includes at least one feature selected from gathers, pleats, folds, and darts that serve as a mechanical stop (Claims 23 & 24).
Regarding claim 34, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the abduction textile envelope stretches by no more than 2% in a primary fiber direction when the fluid is pumped into the chamber (Claim 25).
Regarding claim 35, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the arm is displaced by the abduction textile envelope via axial contraction due to radial expansion of the abduction textile envelope (Claim 26).
Regarding claim 36, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein each chamber is made fluid-impermeable by the fluid-impermeable bladder contained in the respective textile envelope, and wherein the fluid-impermeable bladder is sized to be constrained by the respective textile envelope before the fluid-impermeable bladder can elastically deform (Claim 27).
Regarding claim 37, ‘159 in view of Griffith further discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein fluid is delivered into each chamber to partially pressurize the chamber and thereby partially stiffen each chamber (Claim 28).
Regarding claim 38, ‘159 in view of Griffith further discloses the method of claim 21, and ‘159 as modified by Griffith further discloses wherein the abduction textile envelope is attached to the wearer via a vest that includes features for transferring forces from the abduction textile actuator to the wearer (Claim 29).
Regarding claim 39, ‘159 in view of Griffith discloses the method of claim 21, and ‘159 in view of Griffith further discloses wherein the fluid is delivered to the abduction textile envelope in response to a signal from a sensor indicating that the wearer has moved the arm to a position where support is needed (Claim 30).
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 31, and 32 of ‘159 in view of Griffith, as applied to claim 1 above, and further in view of US9492930B2 to Galloway (hereinafter “Galloway”).
Regarding claim 5, ‘159 in view of Griffith discloses the textile actuator assembly of claim 1, and ‘159 as modified by Griffith further discloses sensors distributed in the garment (Paragraph 0074 discloses the sensors can be distributed about the system 100D; Examiner notes the sensor would be a soft sensor if it is embedded in Griffith’s fabric articles). Griffith does not disclose wherein the sensor is a soft sensor comprising an elastomer or a fabric. However, Galloway teaches a system for soft actuators which has soft sensors comprising a fabric (Fig. 20 soft sensor 30; Col. 6 lines 60-66 disclose the sleeve may be made of fabric; Col. 11 lines 1-3 disclose the sleeve may contain sensors).
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 sensors of Griffith to be soft sensors comprising a fabric, as taught by Galloway, in order to provide a flexible sensor.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14 line 1 “A textile actuator” should be corrected to “[[A]] The textile actuator” for the sake of proper antecedent basis.
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6-10, 13-16, 19-23, 28-29, 35-37, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over US20180079071A1 to Griffith et al. (hereinafter “Griffith”) in view of US5033457 to Bonutti (hereinafter “Bonutti”).
Regarding claim 1, Griffith discloses a textile actuator assembly (Fig. 3 actuator 110; Paragraph 0041 discloses “actuators 110 can comprise a flexible sheet material such as woven nylon, rubber, polychloroprene, a plastic, latex, a fabric, or the like”)), comprising:
a textile envelope that defines a chamber that is made fluid-impermeable (Fig. 3 body 305 has side edges 308A/308B, bottom ends 309A/309B, an external face 306, and internal face 307 comprise the fluid-impermeable structure in the textile envelope; Paragraph 0045 discloses the bladders may be inside of the chambers and both hold fluid within them and thus are fluid-impermeable) by at least one of:
(a) a fluid-impermeable bladder contained in the textile envelope (Fig. 3 body 305 [textile envelope] contains chamber 310); and
(b) a fluid-impermeable structure incorporated into the textile envelope (Fig. 3 body 305 has side edges 308A/308B, bottom ends 309A/309B, an external face 306, and internal face 307 comprise the fluid-impermeable structure in the textile envelope; Paragraph 0045 discloses the bladders may be inside of the chambers and both hold fluid within them and thus are fluid-impermeable); and
at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso under the wearer's arm when the wearer is upright (Fig. 1 shirt 120 covers the user’s arm and torso),
wherein the textile envelope has a predetermined geometry in its equilibrium state that is configured to produce a displacement mostly via a change in geometry between an uninflated shape and the predetermined geometry of its equilibrium state after inflation due to displacement of the textile envelope rather than via stretching of the textile envelope during a relative increase in pressure inside the chamber (Paragraph 0044 “In various embodiments, the actuator can develop its resulting force [displacement] by using a constrained internal surface length and/or external surface length that are a constrained distance away from each other (e.g. due to an inextensible material); Examiner notes that actuator 110 would naturally have a geometry in an uninflated shape [at rest], and another geometry upon pressurization)), and
a sensor positioned and configured to sense the textile envelope or a wearer of the vest at least one garment (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D); and
a controller configured to receive readings from the sensor and to communicate with a fluid source to command the fluid source to pump fluid into or out of the textile envelope in response to readings from the sensor (Fig. 15 control module 1510; Paragraph 0070 discloses the control module 1510 is operably connected to pneumatic module 1520; Paragraph 0071 discloses the control module can selectively inflate and/or deflate the actuators; Paragraph 0073-0074 discloses the sensors inform the control module).
Griffith does not disclose wherein the at least one textile envelope includes an abduction-adduction textile actuator, and wherein the first end of the abduction-adduction textile actuator is secured to the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the abduction-adduction textile actuator is secured to the garment configured to be worn on the wearer's arm. However, Bonutti teaches an air assisted device for moving a limb which has a first end worn on the wearer’s torso and a second end is worn under a wearer’s arm (Fig. 4 airbag 12b, straps 60, 62, 64, 66; Col. 2 lines 41-48 disclose a pressure sensor and a control unit to control delivery and evacuation of air from the air bags; Examiner notes that inflation and deflation of the airbag results in adbduction/adduction of the user’s arm and thus is interpreted to be an abduction-adduction actuator).
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 device of Griffith to further include an airbag beneath the arm, as taught by Bonutti, in order provide motion assistance of a user’s shoulder joint (Col. 4 lines 45-47). Examiner notes that the first end of the Bonutti’s actuator would be the torso side, and the second end would be on the wearer’s arm in addition to the actuator from Griffith.
Regarding claim 6, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti further discloses wherein the sensor is configured to measure at least one of the following properties of the abduction textile envelope: pressure, contact force, applied torque/force, displacement, curvature, deformation, movement, and degree of inflation (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes Griffith as modified by Bonutti would have Griffith’s sensor measuring the abduction envelope of Bonutti).
Regarding claim 7, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith further discloses wherein the sensor is configured to measure a physiological phenomenon of the wearer (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes any one of acceleration, force, or position of the user is taken to be a physiological phenomenon of the wearer).
Regarding claim 8, Griffith in view of Bonutti discloses the textile actuator assembly of claim 7, and Griffith further discloses wherein the physiological phenomenon includes a joint angle, respiration, or contact force (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D).
Regarding claim 9, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith further discloses wherein the sensor is selected from an inertial measurement unit (IMU), a gyroscope, a string potentiometer, a pressure sensor, and a strain sensor (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Examiner notes a force sensor senses pressure).
Regarding claim 10, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith further discloses wherein the abduction textile envelope is substantially inextensible (Paragraph 0041 “Actuators can be made of planar material that is inextensible upon one or more plane axes while being flexible in other directions.”).
Regarding claim 13, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti further discloses wherein the pre-determined geometry of the at least one textile envelope includes a plurality of path-lengthening textile features, and wherein the at least one textile envelope is configured to provide a majority of the displacement via extension of the path-lengthening textile features of the textile envelope when actuated via the relative increase in pressure in the chamber (Fig. 3a seams 312 create folds in the body 305 when not pressurized [extended], and then assume an inflated and lengthened configuration upon pressurization of the chambers; Examiner notes body 305 (envelope) conforms to the actuator shapes during inflation and deflation).
Regarding claim 14, Griffith in view of Bonutti discloses the textile actuator assembly of claim 13, and Griffith as modified by Bonutti further discloses wherein the path-lengthening textile feature is in the form of a patterned geometry (Fig. 3a seams 312 are in a patterned form).
Regarding claim 15, Griffith in view of Bonutti discloses the textile actuator assembly of claim 14, and Griffith as modified by Bonutti further discloses wherein the patterned geometry includes at least one feature selected from gathers, pleats, folds, and darts (Fig. 3a seams 312 create folds when in an uninflated configuration where the material can gather upon itself).
Regarding claim 16, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti further discloses wherein the predetermined geometry of the at least one textile envelope is designed to produce a nonlinear relationship between the torque of the at least one textile envelope and the displacement of the at least one textile envelope over greater than 50% of the range of displacement (Fig. 5a actuator 110 conforms to the bending of the knee joint; Examiner notes that Applicant specifies their non-linear relationship via a segmented actuator (Specification at Fig. 40 and Page 5 lines 1-2) without any further specification regarding structural relationship and torque. The actuator exists as a segmented structure and thus has a non-linear relationship between pressure and stiffness. Examiner notes that the segmented structure of Griffith would naturally have the same pressure-stiffness profile, even if no graph was disclosed depicting this relationship.; Examiner notes body 305 (envelope) conforms to the actuator shapes during inflation and deflation).
Regarding claim 19, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti does not explicitly disclose wherein the at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso is a single garment (Examiner notes that Griffith as modified by Bonutti would comprise Griffith’s shirt and Bonutti’s underarm straps/actuator as separate units). However, it has been held that use of one piece of construction instead of multiple part would merely be a matter of obvious engineering choice. See MPEP 2144.04(V)(A). Furthermore, there is no art-recognized need for making the garment integral. Therefore, it would have been a matter of obvious engineering choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the garment worn on the wearer’s arm and torso to be a single garment.
Regarding claim 20, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti further discloses wherein the at least one garment configured to be worn on a wearer's arm and to be worn on the wearer's torso includes distinct garments configured to be worn on the wearer's arm and to be worn on the wearer's torso under the wearer's arm (Examiner notes that Griffith as modified by Bonutti would comprise Griffith’s shirt and Bonutti’s underarm straps/actuator as separate units).
Regarding claim 21, Griffith in view of Bonnuti discloses the textile actuator assembly of claim 1, and Griffith as modified by Bonutti further discloses A method for actuator-facilitated motion, comprising:
utilizing the textile actuator assembly of claim 1, wherein the abduction textile envelope is worn by a wearer with the first end of the abduction textile envelope secured to the garment on the wearer's torso under the wearer's axilla and with the second end of the abduction textile envelope secured to the at least one garment on an underside of an upper portion of the wearer's arm (See Bonutti Fig. 4 which is worn by a wearer with a first end secured to the wearer’s torso (via straps 66,64) and a second end on an underside of an upper portion of the wearer’s arm; Examiner notes that Bonutti’s straps would be attached to the shirt of Griffith);
delivering a fluid into or out of the chamber of the abduction textile envelope to displace the abduction textile envelope primarily by transitioning from an uninflated state to the pre-determined geometry due to displacement of the abduction textile envelope rather than via stretching or contraction of the abduction textile envelope (Griffith discloses the chambers 310 may be deflated toward a deflated configuration and may be inflated toward an inflated configuration; Bonutti Col. 4 lines 59-68 disclose the air bag 12b expands via fluid inflation from a supply line; Examiner notes Griffith as modified by Bonutti discloses has Bonutti’s air bag under the user’s arm);
at least one of (a) abducting or adducting the arm of the wearer via the displacement of the abduction textile envelope and (b) supporting and holding the arm of the wearer in an abducted position with the abduction textile envelope in a pressurized, stiffened state (Bonutti see Fig. 4; Col. 5 lines 56-61 disclose abduction of the joint is achieved via displacement by inflation of the air bag);
sensing the abduction textile envelope or the wearer wearing the at least one garment (Fig. 15 sensors 1513; Paragraph 0074 discloses the sensors may be accelerometers, force sensors, position sensors, at various locations throughout the system 100D; Bonutti Col. 2 lines 41-48 disclose a pressure sensor and a control unit to control delivery and evacuation of air from the air bags; Examiner notes that Griffith’s sensors would sense displacement achieved via inflation of Bonutti’s air bags); and
controlling the delivery of fluid into or out of the chamber of the abduction textile envelope in response to the sensing of the abduction textile envelope or the wearer (Fig. 15 control module 1510; Paragraph 0070 discloses the control module 1510 is operably connected to pneumatic module 1520; Paragraph 0071 discloses the control module can selectively inflate and/or deflate the actuators; Paragraph 0073-0074 discloses the sensors inform the control module; Bonutti Col. 2 lines 41-48 disclose a pressure sensor and a control unit to control delivery and evacuation of air from the air bags; Examiner notes the control logic of Griffith would be used to control the air bag of Bonutti).
Regarding claim 22, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein the fluid is delivered to the chamber of the abduction textile envelope after the wearer has moved the arm to a desired abducted position where support is needed (Bonutti Col. 2 lines 37-50 disclose the pressurized air may be delivered in cycles to the user; Col. 5 lines 66-68 discloses the air bags may expand to a certain condition then be held in that condition; Examiner notes that thus the user’s arm can be moved to a desired position, fluid can then be evacuated and then reintroduced to move the user’s arm to a desired position).
Regarding claim 23, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein the arm is displaced at a specific non-180o angle by delivering the fluid to the chamber of the abduction textile envelope to reach the abduction textile envelope’s equilibrium state (Bonutti Col. 2 lines 41-50 disclose a timer may be used to reach a desired pressure within the airbag), the method further comprising stopping further displacement of the arm beyond the specific non-180o degree angle by the pre-determined geometry of the abduction textile envelope (Bonutti Col. 5 lines 30-52 disclose the shape of the airbag allows for control over the direction of inflation and deflation due to the accordion-like construction; Examiner notes cessation of the supplied pressure allows the air bag structure to maintain its shape without further inflation due to its geometry).
Regarding claim 28, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein the arm is displaced at a specific angle by actuating the textile actuator assembly via the fluid delivery to reach its equilibrium state (Bonutti Col. 2 lines 41-50 disclose a timer may be used to reach a desired pressure within the airbag), the method further comprising stopping further displacement of the arm beyond the specific angle by the pre-determined geometry of the abduction textile envelope (Bonutti Col. 5 lines 30-52 disclose the shape of the airbag allows for control over the direction of inflation and deflation due to the accordion-like construction; Examiner notes cessation of the supplied pressure allows the air bag structure to maintain its shape without further inflation due to its geometry), preventing excessive displacement of the abduction textile actuator assembly that over-extends the arm or a joint formed by the arm (Examiner notes planned cessation of inflation of the air bag naturally prevents excessive displacement of the actuator resulting in over-extending the arm or a joint formed by the arm).
Regarding claim 29, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses further comprising fluctuating a fluid pressure over a pressure range that extends above and below a wrinkling pressure of the abduction textile envelope in order to leverage specific stiffness characteristics for actuation and de-actuation of the abduction textile envelope (Bonutti Col. 5 lines 19-29 disclose the ridges allow the airbag to be inflated sequentially; Col. 1 lines 32-36 discloses expansion and deflation of the airbag; Examiner notes the pressure range will naturally be above and below the wrinkling pressure to allow for expansion and deflation of the airbag).
Regarding claim 35, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein the arm is displaced by the abduction textile envelope via axial contraction due to radial expansion of the abduction textile envelope (Bonutti Fig. 4 air bag 12b; Col. 5 lines 56-65 disclose the air bags allow for abduction).
Regarding claim 36, Griffith in view of Bonutti discloses the method of claim 21, and Griffith further discloses wherein each chamber is made fluid-impermeable by the fluid-impermeable bladder contained in the respective textile envelope, and wherein the fluid-impermeable bladder is sized to be constrained by the respective textile envelope before the fluid-impermeable bladder can elastically deform (Fig. 3 body 305 [textile envelope] contains chamber 310); Fig. 3 body 305 [textile envelope] contains chamber 310; Fig. 3 body 305 has side edges 308A/308B, bottom ends 309A/309B, an external face 306, and internal face 307 comprise the fluid-impermeable structure in the textile envelope; Paragraph 0045 discloses the bladders may be inside of the chambers and both hold fluid within them and thus are fluid-impermeable).
Regarding claim 37, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein fluid is delivered into each chamber to partially pressurize the chamber and thereby partially stiffen each chamber (Examiner notes that both the actuator of Griffin and air bag of Bonutti stiffen as the chambers are pressurized by air).
Regarding claim 39, Griffith in view of Bonutti discloses the method of claim 21, and Griffith as modified by Bonutti further discloses wherein the fluid is delivered to the abduction textile envelope in response to a signal from a sensor indicating that the wearer has moved the arm to a position where support is needed (Griffith Paragraphs 0070 and 0073-0075 discloses the control module senses the user’s position and can use the pneumatic module to inflate or deflate the actuators; Examiner notes that the user may move their arm to a position where support is needed, the position sensors relay the information to the control module which then inflates the actuator in response to the sensed information).
Claims 5, 17, and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Griffith in view of Bonutti as applied to claims 1 and 21 above, and further in view of US9492930B2 to Galloway (hereinafter “Galloway”).
Regarding claim 5, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith further discloses sensors distributed in the garment (Paragraph 0074 discloses the sensors can be distributed about the system 100D; Examiner notes the sensor would be a soft sensor if it is embedded in Griffith’s fabric articles). Griffith does not disclose wherein the sensor is a soft sensor comprising an elastomer or a fabric. However, Galloway teaches a system for soft actuators which has soft sensors comprising a fabric (Fig. 20 soft sensor 30; Col. 6 lines 60-66 disclose the sleeve may be made of fabric; Col. 11 lines 1-3 disclose the sleeve may contain sensors).
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 sensors of Griffith to be soft sensors comprising a fabric, as taught by Galloway, in order to provide a flexible sensor.
Regarding claim 17, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, but does not disclose wherein the textile actuator assembly includes at least one inclusion that is substantially stiffer than a textile of which the abduction textile envelope is comprised and that is configured to constrain displacement of the abduction textile envelope. However, Galloway demonstrates it was known in the art before the effective filing date of the claimed invention to use a rigid inclusion in a textile actuator (Galloway Fig. 70 rigid element 54 is stiffer than soft actuator body 12; Col. 8 lines 60-67).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a rigid element, as taught by Galloway, in order to eliminate or reduce visual indications of bowing (Col. 9 lines 10-12).
Regarding claim 32, Griffith in view of Bonutti discloses the method of claim 21, but does not disclose wherein the abduction textile envelope has different path lengths on opposite sides of the abduction textile envelope. However, Galloway teaches a soft actuator system which has an actuator having different path lengths on opposite sides of the actuator (Fig. 17b sleeve 16, actuator 14; Examiner notes there is a shorter path length on the top left and a longer path length on the opposite side going straight down).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the actuator of modified Griffith to have different path lengths at opposite sides of the actuator, as taught by Galloway, in order to provide a customized fit to the user. Examiner notes Bonutti discloses the air bags may be custom-shaped and fitted to the user to best facilitate abduction (Col. 5 lines 53-65).
Regarding claim 33, Griffith in view of Bonutti and Galloway discloses the method of claim 32, and Griffith further discloses wherein the predetermined geometry includes at least one feature selected from gathers, pleats, folds, and darts that serve as a mechanical stop (Fig. 3a seams 312 create folds when in an uninflated configuration where the material can gather upon itself).
Claims 11-12, 30-31, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Griffith in view of Bonutti as applied to claims 1, 10, and 21 above, and further in view of US20160252111A1 to Ball (hereinafter “Ball”).
Regarding claim 11, Griffith in view of Bonutti discloses the textile actuator assembly of claim 10, but does not disclose wherein the abduction textile envelope comprises multiple yarn families, and wherein substantially inextensible means the textile envelope stretches less than 25% under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and a gauge length of 40mm. It is noted that Griffith does disclose the actuators may be made of woven nylon and inextensible fabrics, there is merely no explicit disclosure of the inextensible fabric being yarn (Paragraph 0041).
However, Ball demonstrates it was known in the art before the effective filing date of the claimed invention to use yarn as the inextensible fabric to cover an actuator (Fig. 1 sleeve 31; Paragraph 0034 discloses sleeve 31 is knitted with a strand of substantially inextensible yarn). In Griffith’s actuator as modified by Ball, the ability/inability to stretch is a result effective variable in that a change in the flexibility of a wearable actuator will directly affect its functionality. Further, it does not appear that a modification of the actuator to have the envelope stretch less than 25% under a load of 450 Newtons along any yarn family per sample width of 70mm and a gauge length of 40mm would render the device inoperable. The prior art already recognizes a need for having a substantially inextensible wearable actuator (Griffith at Paragraphs 0041-0043 disclose the importance of substantially inextensible actuators, specifically, that the structure is able to be configured along the body of the user to align with the axis of a desired joint on the body.). Thus, 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 textile envelope of Griffith in view of Ball to stretch less than 25% under a load of 450 Newtons along any yarn family per sample width of 70mm and a gauge length of 40mm since it has been held “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further it does not appear the Applicant places criticality on the instant claim’s metrics (Specification at Page 43 lines 9-12 attaches no special function to these metrics, they exist because of the material composition).
Regarding claim 12, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, but does not disclose wherein the at least one textile envelope comprises multiple yarn families, wherein the at least one textile envelope stretches by no more than 10% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110mm. It is noted that Griffith does disclose the actuators may be made of woven nylon and inextensible fabrics, there is merely no explicit disclosure of the inextensible fabric being yarn (Paragraph 0041).
However, Ball demonstrates it was known in the art before the effective filing date of the claimed invention to use yarn as the inextensible fabric to cover an actuator (Fig. 1 sleeve 31; Paragraph 0034 discloses sleeve 31 is knitted with a strand of substantially inextensible yarn). In Griffith’s actuator as modified by Ball, the ability/inability to stretch is a result effective variable in that a change in the flexibility of a wearable actuator will directly affect its functionality. Further, it does not appear that a modification of the actuator to have the envelope stretch no more than 10% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110mm would render the device inoperable. The prior art already recognizes a need for having a substantially inextensible wearable actuator (Griffith at Paragraphs 0041-0043 disclose the importance of substantially inextensible actuators, specifically, that the structure is able to be configured along the body of the user to align with the axis of a desired joint on the body.). Thus, 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 textile envelope of Griffith in view of Ball to stretch no more than 10% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110mm since it has been held “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further it does not appear the Applicant places criticality on the instant claim’s metrics (Specification at Page 36 lines 3-6; Page 43 lines 17-21 attaches no special function to these metrics, they exist because of the material composition).
Regarding claim 30, Griffith as modified by Bonutti discloses the method of claim 21, but does not disclose wherein substantially inextensible means the abduction textile envelope stretches less than 25% under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length of 110mm. It is noted that Griffith does disclose the actuators may be made of woven nylon and inextensible fabrics (Paragraph 0041).
However, Ball demonstrates it was known in the art before the effective filing date of the claimed invention to use yarn as the inextensible fabric to cover an actuator (Fig. 1 sleeve 31; Paragraph 0034 discloses sleeve 31 is knitted with a strand of substantially inextensible yarn). In Griffith’s actuator as modified by Ball, the ability/inability to stretch is a result effective variable in that a change in the flexibility of a wearable actuator will directly affect its functionality. Further, it does not appear that a modification of the actuator to have the envelope stretch no more than 25% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110mm would render the device inoperable. The prior art already recognizes a need for having a substantially inextensible wearable actuator (Griffith at Paragraphs 0041-0043 disclose the importance of substantially inextensible actuators, specifically, that the structure is able to be configured along the body of the user to align with the axis of a desired joint on the body.). Thus, 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 textile envelope of Griffith in view of Ball to stretch no more than 25% in a primary fiber direction when the fluid is pumped into the chamber under a uniaxial tensile load of 450 Newtons along any yarn family orientation per a sample width of 70mm and length 110mm since it has been held “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further it does not appear the Applicant places criticality on the instant claim’s metrics (Specification at Page 36 lines 3-6; Page 43 lines 17-21 attaches no special function to these metrics, they exist because of the material composition).
Regarding claim 31, Griffith in view of Bonutti discloses the method of claim 21, but does not disclose wherein the abduction textile envelope stretches by no more than 10% in a primary fiber direction when the fluid is pumped into the chamber. However, Ball demonstrates it was known in the art before the effective filing date of the claimed invention to use yarn as the inextensible fabric to cover an actuator (Fig. 1 sleeve 31; Paragraph 0034 discloses sleeve 31 is knitted with a strand of substantially inextensible yarn). In Griffith’s actuator as modified by Ball, the ability/inability to stretch is a result effective variable in that a change in the flexibility of a wearable actuator will directly affect its functionality. Further, it does not appear that a modification of the actuator to have the envelope stretch no more than 10% in a primary fiber direction when the fluid is pumped into the chamber. The prior art already recognizes a need for having a substantially inextensible wearable actuator (Griffith at Paragraphs 0041-0043 disclose the importance of substantially inextensible actuators, specifically, that the structure is able to be configured along the body of the user to align with the axis of a desired joint on the body.). Thus, 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 textile envelope of Griffith in view of Ball to stretch no more than 10% in a primary fiber direction when the fluid is pumped into the chamber since it has been held “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further it does not appear the Applicant places criticality on the instant claim’s metrics (Specification at Page 36 lines 3-6; Page 43 lines 17-21 attaches no special function to these metrics, they exist because of the material composition).
Regarding claim 34, Griffith in view of Bonutti discloses the method of claim 21, but does not disclose wherein the abduction textile envelope stretches by no more than 2% in a primary fiber direction when the fluid is pumped into the chamber. However, Ball demonstrates it was known in the art before the effective filing date of the claimed invention to use yarn as the inextensible fabric to cover an actuator (Fig. 1 sleeve 31; Paragraph 0034 discloses sleeve 31 is knitted with a strand of substantially inextensible yarn). In Griffith’s actuator as modified by Ball, the ability/inability to stretch is a result effective variable in that a change in the flexibility of a wearable actuator will directly affect its functionality. Further, it does not appear that a modification of the actuator to have the envelope stretch no more than 2% in a primary fiber direction when the fluid is pumped into the chamber. The prior art already recognizes a need for having a substantially inextensible wearable actuator (Griffith at Paragraphs 0041-0043 disclose the importance of substantially inextensible actuators, specifically, that the structure is able to be configured along the body of the user to align with the axis of a desired joint on the body.). Thus, 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 textile envelope of Griffith in view of Ball to stretch no more than 2% in a primary fiber direction when the fluid is pumped into the chamber since it has been held “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further it does not appear the Applicant places criticality on the instant claim’s metrics (Specification at Page 36 lines 3-6; Page 43 lines 17-21 attaches no special function to these metrics, they exist because of the material composition).
Claims 18, 24-26, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Griffith in view of Bonutti as applied to claims 1 and 21 above, and further in view of WO2008031023A2 to Bosscher et al. (hereinafter “Bosscher”).
Regarding claim 18, Griffith in view of Bonutti discloses the textile actuator assembly of claim 1, and Griffith in view of Bonutti further discloses wherein the at least one garment comprises: a shirt, an arm wrap, wherein the abduction textile envelope is mounted on one side to the vest and on another side to the arm wrap, wherein the predetermined geometry of the abduction textile envelope produces an equilibrium state at a non-180°-angle displacement and stops further displacement upon pressurization of the chamber (Bonutti Fig. 4 straps 60 and 62 would secure the airbag 12b to the user’s arm, and straps 64, 66 secure the airbag to the user’s torso; Examiner notes the distinct garments are the shirt of Griffith (See Fig. 1), and the pairs of straps from Bonutti; The actuator of Bonutti would be mounted on the armpit of Griffith’s shirt and Examiner notes the pressurization of the actuator would stop further displacement).
Modified Griffith does not disclose a vest. However, Bosscher teaches a haptic exoskeleton which uses a vest (Fig. 1 vest 70).
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 shirt of Griffith to be a vest, as taught by Bosscher, in order to provide an alternative garment for the user.
Regarding claim 24, Griffith in view of Bonutti discloses the method of claim 21, and Griffith further discloses a shirt worn by the wearer (Shirt of Griffith (See Fig. 1)). Modified Griffith does not disclose a vest. However, Bosscher teaches a haptic exoskeleton which uses a vest (Fig. 1 vest 70).
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 shirt of Griffith to be a vest, as taught by Bosscher, in order to provide an alternative garment for the user.
Regarding claim 25, Griffith in view of Bonutti and Bosscher discloses the method of claim 24, and Griffith as modified by Bonutti and Bosscher further discloses wherein the abduction textile envelope is mounted along the upper portion of the wearer's arm via a wrap encircling the upper portion of the wearer's arm (Bonutti Fig. 4 straps 60, 62 wrap about and encircle an upper portion of the wearer’s arm).
Regarding claim 26, Griffith in view of Bonutti and Bosscher discloses the method of claim 24, and Griffith as modified by Bonutti and Bosscher further discloses wherein a linkage is mounted to the vest and to the abduction textile envelope to constrain displacement of the abduction textile envelope (Col. 5 lines 4-18 disclose the bag 12b is shaped to conform to the shape of the torso 58 which assists in maintaining proper positioning relative to the arm 54; Fig. 4 straps 64, 66 secure the bag 12b to the torso 58 (Col. 4 lines 50-58); Examiner notes that Griffith’s shirt is modified to be a vest via Bosscher and the straps of Bonutti would be secured (mounted) to the vest).
Regarding claim 38, Griffith in view of Bonutti discloses the method of claim 21, and Griffith further discloses a shirt worn by the wearer (Shirt of Griffith (See Fig. 1)). Modified Griffith does not disclose a vest. However, Bosscher teaches a haptic exoskeleton which uses a vest (Fig. 1 vest 70).
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 shirt of Griffith to be a vest, as taught by Bosscher, in order to provide an alternative garment for the user.
Griffith as modified by Bonutti and Bosscher also discloses wherein the abduction textile envelope is attached to the wearer via a vest that includes features for transferring forces from the abduction textile actuator to the wearer (Examiner notes the straps of Bonutti would be connected to the vest of Bosscher via Bonutti’s straps; Examiner further notes inflation of Bonutti’s actuator would result in transfer of forces to the wearer).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Griffith in view of Bonutti and Bosscher as applied to claim 24 above, and further in view of CN106236359A to Lei (hereinafter “Lei”).
Regarding claim 27, Griffith in view of Bonutti and Bosscher discloses the method of claim 24, and Griffith as modified by Bonutti further discloses wherein the chamber of the abduction textile envelope is segmented (Bonutti Col. 5 lines 30-32 disclose the air bag has an accordion-like construction (See Fig. 4)). Griffith does not disclose wherein the abduction textile envelope comprises a spine including at least two plates that help resist misalignment of the chamber segments and a textile that contains the plates and extends between them to act as a hinge. However, Lei teaches a gradual inflatable should joint brace which has a spine including two plates that resist misalignment of chamber segments and a textile that contains the plates and extends between them to act as a hinge (Figs. 1-3 chamber 13, skeleton 14, connecting plate 18, connecting groove 19; Paragraph 0012 discloses the skeletons are movably hinged together and the plurality of chambers are inflated to allow for progressive abduction of the shoulder joint).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Griffith as modified by Bonutti to have a spine including at least two plates that help resist misalignment of the chamber segments and a textile that contains the plates and extends between them to act as a hinge, as taught by Lei, in order to provide further structural stability (Paragraphs 0004 & 0009). Examiner notes this modification would also further protect the air bag structure as well by having the plates between the user and the bladder.
Allowable Subject Matter
Examiner notes claims 2-4 are rejected above under double patenting.
Claims 2-4 are 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:
Regarding claim 2, Griffith in view of Bonutti, the closest prior art combination of record, discloses the textile actuator assembly of claim 1, but does not disclose “further comprising at least one of the following horizontal textile envelopes: (i) a horizontal-flexion textile envelope including a first end and a second end, wherein the first end is secured to a front side of the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the horizontal-flexion textile envelope is mounted against the abduction textile envelope or against an arm of the wearer and is configured, when inflated, to displace the abduction textile envelope and the arm toward a rear side of the garment configured to be worn on the wearer's torso under the wearer's arm; and (ii) a horizontal-extension textile envelope including a first end and a second end, wherein the first end is secured to the rear side of the garment configured to be worn on the wearer's torso under the wearer's arm, and wherein the second end of the horizontal-extension textile envelope is mounted against the abduction textile envelope or against the arm of the wearer and is configured, when inflated, to displace the abduction textile envelope and the arm toward the front side of the garment configured to be worn on the wearer's torso under the wearer's arm.” Nor would it have been obvious to make such modifications. Griffith as modified by Bonutti discloses an actuator assembly which has actuators on both the top of the arm and underneath the arm along the wearer’s arm and torso. Specifically the actuator on the arm already compresses the arm on a front and backside thus pressure moments on the arm in forwards and backwards directions. To make the modifications required by the instant limitations would require a significant redesign of the current art combination, and possibly destroy functionality because the actuator of Griffith covers the entire shoulder, and thus multiple simultaneous vectors on the shoulder could stop proper movement.
Absent any new prior art, it would not have been obvious to one having ordinary skill in the art to make such modifications.
Claims 3-4 depend from claim 2 and thus are found to have allowable subject matter by virtue of their dependency.
As such, claims 3-4 also define over the prior art combination of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20170282360-A1 to Telleria; US-20170258672-A1 to Wennen; US-20170049164-A1 to Gruentzig; US-20170027735-A1 to Walsh; US-20160317370-A1 to Evans; US-20160107309-A1 to Walsh; US-20150224012-A1 to Wright; US-20150090113-A1 to Galloway; US-20140109560-A1 to Ilievski; US-20070233279-A1 to Kazerooni; US-10912701-B2 to Wijesundara; and US-4274399-A to Mummert.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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