DETAILED ACTION
This Office Action is in response to the filing of the application on 4/29/2024. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-20 are pending in the application.
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 .
Claim Objections
Claims 10 and 18 are objected to because of the following informalities:
Claim 10 recites the language “strength workout section” in line 2. Examiner suggests changing to read –a strength workout section—in order to correct a typographical error.
Claim 18 recites the language “at least on” in line 2. Examiner suggests changing to read –at least one—in order to correct a typographical error.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 9-10, 14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US Pat. 9,833,376).
Regarding claim 1, Choi discloses an electronic device (see Figs. 2 and 10 walking assistance apparatus 100) comprising: a communication module, comprising communication circuitry, configured to exchange data with an external device (see Fig. 10 external apparatus 1100, which is able to communicate with the apparatus 100 to send signals from the sensor 105, and thus apparatus 100 has some communication module and circuitry; see also Col. 11 lines 59-61); at least one processor, comprising communication circuitry (see Fig. 2 controller 120; see also Col. 12 lines 29-50 where processing circuitry can be included in order to perform the data processing and analysis, the processor having some communication circuitry for transmitting data from the sensors and outputting data to a working element (e.g. motor)); and memory storing instructions that when executed by the at least one processor individually and/or collectively (see Col. 12 lines 17-28 where the computing elements includes a memory storage for instructions), cause the electronic device to at least: set a target heart rate of a user of a wearable device (see Col. 9 lines 33-41, where a minimum and maximum heart rate are determined, and thus a target heart rate is the range of values between the minimum and maximum); receive information about a current heart rate of the user (see Col. 9 lines 27-41 where the biosignal is a heart rate); determine a target magnitude of a workout load so that a heart rate of the user corresponds to the target heart rate based on the current heart rate and the target heart rate (see Col. 10 line 33 to Col. 11 line 17, where the applied torque of a workout load is adjusted based on the comparison of the current heart rate to the target interval and minimum/ maximum heart rate thereof); and control the wearable device so that the target magnitude of the workout load is provided to the user (see Col. 10 lines 26-32 where the controller of the device outputs an assist torque based on parameters of a gait cycle; see the operation described in Col. 10 line 33 to Col. 11 line 17).
Regarding claim 2, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: set the target heart rate based on physical information (see Col. 9 lines 33-41 where the first heart rate can be based on the age of the user).
Regarding claim 3, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: determine a maximum and/or high heart rate of the user (see Col. 9 lines 33-41, the first heart rate being a maximum); and set the target heart rate based on the maximum and/or high heart rate (see Col. 9 lines 33-41 where there is a minimum and maximum heart rate, such that a target is the range between them and thus based on the maximum heart rate).
Regarding claim 4, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: set the target heart rate based on a workout program set for the user (see Col. 9 lines 33-41, the second heart rate being based on gait intensity set in the walking assistance apparatus).
Regarding claim 5, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: receive information about the current heart rate from an additional device connected to the electronic device through the communication module (see Fig. 10 where first sensor 105 is a device that measures current heart rate (being the biosignal), and communicates it to walking assistance apparatus 100 via some communication module).
Regarding claim 6, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: when the current heart rate exceeds the target heart rate, determine the target magnitude to be less than a current magnitude of the workout load (see Col. 10 lines 42-46, where the heart rate being greater than the max heart rate results in a zero torque output target, which is less than the positive torque output of the system in operation).
Regarding claim 7, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: when the current heart rate is less than the target heart rate, determine the target magnitude to be greater than a current magnitude of the workout load (see Col. 10 lines 58-65 where current heart rate below a minimum can result in an increase to the gait velocity via the driver).
Regarding claim 9, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: change the target heart rate based on a workout program set for the user (see Fig. 8 where each workout intensity has a range of heart rate values, such that the target heart rate range changes based on the intensity of the workout program).
Regarding claim 10, Choi discloses wherein the workout program comprises strength workout section and an aerobic workout section, and a first target heart rate of the strength workout section is higher than a second target heart rate of the aerobic workout section (see Fig. 8 where intensity A is a strength workout, and intensity D is an aerobic workout, workout A having a higher target heart rate range than workout D).
Regarding claim 14, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: output information about the target magnitude of the workout load to the user (see Col. 11 lines 55-58).
Regarding claim 16, Choi discloses wherein the electronic device is included in the wearable device (see Figs. 2-3 and 10 where the apparatus 100 includes both the wearable device, and the electronic components thereof).
Regarding claim 17, Choi discloses a method performed by an electronic device (see Figs. 2 and 10 walking assistance apparatus 100), the method comprising: setting a target heart rate of a user wearing a wearable device (see Col. 9 lines 33-41, where a minimum and maximum heart rate are determined, and thus a target heart rate is the range of values between the minimum and maximum); receiving information about a current heart rate of the user (see Col. 9 lines 27-41 where the biosignal is a heart rate); determining a target magnitude of a workout load so that a heart rate of the user corresponds to the target heart rate based on the current heart rate and the target heart rate (see Col. 10 line 33 to Col. 11 line 17, where the applied torque of a workout load is adjusted based on the comparison of the current heart rate to the target interval and minimum/ maximum heart rate thereof); and controlling the wearable device so that the target magnitude of the workout load is provided to the user (see Col. 10 lines 26-32 where the controller of the device outputs an assist torque based on parameters of a gait cycle; see the operation described in Col. 10 line 33 to Col. 11 line 17).
Regarding claim 18, Choi discloses a wearable device comprising: at least on processor, comprising communication circuitry (see Fig. 2 controller 120; see also Col. 12 lines 29-50 where processing circuitry can be included in order to perform the data processing and analysis, the processor having some communication circuitry for transmitting data from the sensors and outputting data to a working element (e.g. motor)); at least one sensor configured to measure an angle of a joint of a user (see Col. 6 lines 50-65); a motor driver circuit (see Fig. 2 driver 140, with controller 143 being circuitry for controlling the motor); a motor electrically connected to the motor driver circuit (see Fig. 2 motor 145); a thigh support frame configured to transfer a torque generated by the motor to at least a portion of a leg of the user (see Fig. 3 force transmitting member 160); and memory storing instructions that when executed by the at least one processor individually and/or collectively (see Col. 12 lines 17-28 where the computing elements includes a memory storage for instructions), cause the electronic device to at least set a target heart rate of the user of the wearable device (see Col. 9 lines 33-41, where a minimum and maximum heart rate are determined, and thus a target heart rate is the range of values between the minimum and maximum); receive information about a current heart rate of the user (see Col. 9 lines 27-41 where the biosignal is a heart rate); determine a target magnitude of a workout load so that a heart rate of the user corresponds to the target heart rate based on the current heart rate and the target heart rate (see Col. 10 line 33 to Col. 11 line 17, where the applied torque of a workout load is adjusted based on the comparison of the current heart rate to the target interval and minimum/ maximum heart rate thereof); and control the motor driver circuit so that the target magnitude of the workout load is provided to the user (see Col. 10 lines 26-32 where the controller of the device outputs an assist torque via the motors based on parameters of a gait cycle; see the operation described in Col. 10 line 33 to Col. 11 line 17).
Regarding claim 19, Choi discloses a communication module configured to exchange data with an external device (see Fig. 10 where first sensor 105 is a device that measures current heart rate (being the biosignal), and communicates it to walking assistance apparatus 100 via some communication module), and wherein when executed by the at least one processor individually and/or collectively, the instructions cause the wearable device to at least: receive information about the current heart rate from an additional device connected, directly or indirectly, to the wearable device through the communication module (see Fig. 10 where first sensor 105 is a device that measures current heart rate (being the biosignal), and communicates it to walking assistance apparatus 100 via some communication module).
Regarding claim 20, Choi discloses a sensor configured to measure the heart rate of the user, and wherein when executed by the at least one processor individually and/or collectively, the instructions cause the wearable device to at least: receive information about the current heart rate from the sensor (see Fig. 10 where first sensor 105 is a device that measures current heart rate (being the biosignal), and communicates it to walking assistance apparatus 100 via some communication module).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Choi as applied to claim 1 above, and further in view of Ozsecen et al. (US Pub. 2019/0160321).
Regarding claim 8, Choi discloses wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: determine the target magnitude of the workout load (see the operation described in Col. 10 line 33 to Col. 11 line 17).
Choi lacks a detailed description of wherein the determination of the target magnitude of the workout load is based on terrain information of a location of the electronic device or the wearable device.
However, Ozsecen teaches a wearable device for providing assistance, where the applied target exercise is adjusted in magnitude based on terrain information (see [0050] and [0092] where a mode selection for the activity can include adjustments based on uneven terrain or other topography, resulting in an adjustment of the applied torque profile).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the workout load adjustment of Choi to use and adjust based on terrain and topography as taught by Ozsecen, as it would allow for the device to compensate for different movements along uneven terrain, to properly adjust the walking speed and torque for safe and proper gait.
Claims 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Choi as applied to claim 1 above, and further in view of Kuschner et al. (US Pub. 2007/0208392).
Regarding claim 11, Choi discloses the target heart rate.
Choi lacks a detailed description of wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: receive information about saturation of partial pressure oxygen (SpO2) of the user; determine a current fatigue level of the user based on the saturation of partial pressure oxygen; and change the target heart rate based on the current fatigue level.
However, Kuschner teaches a device for measuring the user’s exertion and providing stimulation, where the system receives information about saturation of partial pressure oxygen (SpO2) of the user (see [0035]); determine a current fatigue level of the user based on the saturation of partial pressure oxygen (see [0035]); and change the desired stimulation protocol based on the oxygen readings (see [0035]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system of Choi to measure partial pressure oxygen to determine a fatigue level for adjustment as taught by Kuschner, as it would provide an additional measurement and safety for a patient to help maintain proper exercise levels without overexertion. It is noted that in the modified Choi device, the fatigue levels are used to alter the exercise intensity (akin to the stimulation protocol of Kuschner), which results in a different target heart rate for the changed exercise parameters.
Regarding claim 12, the modified Choi device, as modified in claim 11, has wherein when executed by the at least one processor individually and/or collectively, the instructions cause the electronic device to at least: receive workout information of the user from the wearable device (Kuschner; see [0035] where oxygen levels are workout information); determine a current fatigue level of the user based on the workout information (Kuschner; see [0035]); and change the target heart rate based on the current fatigue level (Kuschner; see [0035] where the stimulation protocol is changed based on fatigue, which in the modified Choi device is a change to the workout intensity and the heart rate range based on the intensity level).
Regarding claim 13, the modified Choi device has wherein the workout information comprise a joint angle of the wearable device (Choi; see Col. 6 lines 50-65).
Regarding claim 15, Choi discloses wherein the electronic device is separated from the wearable device (see Figs. 2-3 where the fixing device 150, force transmitting member 160, and supporting member 170 are the wearable device, which are separate components from the electronic circuitry of the controller 120).
Choi lacks a detailed description of the electronic device and the wearable device are connected to a short-range wireless communication.
However, Kuschner teaches a device for measuring the user’s exertion and providing stimulation, where the system relies on wireless communication between the controllers, stimulators, and other components (see [0022]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication between the electronic device and wearable device to be short-range wireless communication as taught by Kuschner, as it would be a simple substitution of one type of electrical communication between components for another, to yield the predictable result of providing electrical communication between connected elements of a system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Seo et al. (US Pub. 2019/0142681), Jang et al. (US Pub. 2019/0083002), and Lim et al. (US Pat. 10,531,967) are cited to show similar walking assistance control devices, with adjustable torque outputs and sensed user parameters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
Prosecution Insights