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 .
Response to Amendment
This Office Action is in response to a preliminary amendment filed on 7/29/2024. As directed by the preliminary amendment, claims 19-20, 22-30 and 32 were canceled, claims 15 and 18 were amended, and no new claims were added. Thus, claims 1-18, 21, and 31 are pending for this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “elongate tension element” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Specifically, the corresponding structures of the “elongate tension element” in claim 1 as described in paragraph [0006] of the specification include: a cable.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claim(s) 1, 3-18, 21, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doyle (US 2020/0253770).
Regarding claim 1, Doyle discloses (Figs. 13A-14D) a system for supporting an arm of a user (Abstract), comprising:
a harness (harness 510) configured to be worn on a body of a user (see Fig. 13A);
an arm support (arm support assembly 505) coupled to the harness comprising a first end coupled to a connection bracket (end of support 505 connected to cable anchor 558) at a pivot joint (pivot 584) and a second end comprising an arm rest (end connected to armrest 600) for receiving an upper arm of the user (paragraph [0126]), the arm support configured to pivot about the pivot joint to accommodate and follow the user raising and lower the arm (paragraph [0112] and Figs. 14C-14D);
one or more compensation elements (spring 636) coupled to the arm support to apply an offset force to at least partially offset a gravitational force acting on the arm as the user raises and lowers the arm (paragraph [0136]), the one or more compensation elements comprising: a spring (spring 636) including a first end mounted to the arm support (see Fig. 14A-14B);
an elongate tension element (cable 634) comprising a first end coupled to a connection post (end coupled to pulley pivot 572) on the connection bracket and a second end coupled to a second end of the spring (end coupled to spring 636, se Fig. 14C), thereby defining an axis extending along a segment of the tension element from the second end of the arm support towards the first end of the arm support (see axis formed by section of cable 634 extending from support 600 to spring 640 in direction of second to first ends in Annotated Fig. 14C-14D below);
one or more pulleys (pulleys 564 and 630) mounted on the arm support (see Fig. 14C) such that the tension element wraps at least partially around the one or more pulleys to modify the offset force as the user raises and lowers the arm (paragraph [0126]); and
a feature (pulley 570) mounted adjacent the connection post (see Fig. 14c) such that, when the arm support is rotated about the pivot joint above a predetermined angle, the feature offsets the axis away from the pivot joint and (feature moves axis away from pivot joint 584 when moving above horizontal angle, see Fig. 14C), when the arm support is rotated below the predetermined angle, the axis moves closer to the pivot joint to reduce the offset force (feature mores axis toward pivot joint 584 when moving from position in Fig. 14C toward horizontal angle).
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Regarding claim 3, Doyle discloses the arm support comprises one or more plates (see one or more plates forming arm support 505 in Fig. 14A) extending between the first and second ends of the arm support (see Fig. 14A), and wherein the one or more pulleys are mounted to the one or more plates (see Fig. 14A).
Regarding claim 4, Doyle discloses a cover (cover 576) mounted to the one or more plates to at least partially contain the spring and the tension element (at least partially covering in Fig 14B).
Regarding claim 5, Doyle discloses wherein the one or more pulleys comprise a first pulley (pulley 630) mounted to the arm support adjacent the second end of the arm support (see Fig. 14C) and wherein the tension element extends partially around the first pulley (see Fig. 14C).
Regarding claim 6, Doyle discloses a second pulley (pulley 564) mounted to the arm support adjacent the connection bracket (adjacent first end and thus adjacent to connection bracket as shown in Annotated Fig. 14C) and wherein the tension element extends partially around the second pulley to modify the offset force as the arm support rotates about the pivot joint (see Figs. 14C-14D).
Regarding claim 7, Doyle discloses wherein the axis is aligned along a segment of the tension element extending between the second pulley towards the second end of the arm support (shown in Annotated Fig. 14C above).
Regarding claim 8, Doyle discloses the first end of the spring is mounted to the arm support adjacent the first end of the arm support (see Annotated Fig. 14C) and the tension element extends from the second end of the spring around the first pulley and back towards the first end of the arm support to the connection post (see Annotated Fig. 14C).
Regarding claim 9, Doyle discloses the arm support is configured to extend partially along an upper arm of the user (see Fig. 20C), and wherein the system further comprises a shoulder bracket (shoulder bracket 552,554) coupled to the harness adjacent the shoulder of the user and to the connection bracket such that the shoulder bracket rotates about a vertical pivot joint (paragraph [0112] and (Figs. 14A-14B).
Regarding claim 10, Doyle discloses the shoulder bracket comprises a first end mounted to the harness above the user's shoulder (see portion of bracket 552,554 mounted above shoulder in Fig. 14B) and a second end coupled to the connection bracket (see portion of bracket 552,554 coupled to bracket 558 in Fig. 14A).
Regarding claim 11, Doyle discloses the connection bracket is removably connectable to the second end of the shoulder bracket (bracket 558 releasably connected to shoulder bracket 552,554, paragraph [0125]).
Regarding claim 12, Doyle discloses wherein the connection bracket is permanently connected to the second end of the shoulder bracket (bracket 558 fixedly connected to shoulder bracket 552,554, paragraph [0125]).
Regarding claim 13, Doyle discloses the predetermined angle is substantially horizontal (see Figs. 14C-14D).
Regarding claim 14, Doyle discloses the connection post (572) is pivotably mounted to the connector bracket (558, see Figs. 14C-14D) to allow the tension element to extend from the connection bracket towards the second end of the arm support (see Figs. 14C-14D and paragraph [0125]).
Regarding claim 15, Doyle discloses the feature (pulley 570) comprise a wrap feature mounted on the connection bracket (pulley 570 mounted on chassis 580, which is mounted on bracket 558, and thus pulley 570 is mounted on bracket 558) adjacent the connection post such that the cable wraps partially around the wrap feature when the arm support is rotated above the predetermined angle (see Fig. 14C compared to Fig. 14D).
Regarding claim 16, Doyle discloses the tension element is released from wrapping around wrap feature when the arm support is rotated below the predetermined angle (see Fig. 14D compared to Fig. 14C).
Regarding claim 17, Doyle discloses a segment of the tension element is aligned with the connection post when the arm support is rotated below the predetermined angle (portion of cable 634 aligned with post 572 when below horizontal, see Fig. 14D).
Regarding claim 18, Doyle discloses wherein the connection post comprises a pivoting cable link (post 572 is a pivoting link that pulley 570 rotates about, paragraph [0131]), and wherein the feature comprises one or more pivot features (feature in form of pulley 570 that pivots about post 572) mounted on the connection bracket (pulley 570 mounted on chassis 580, which is mounted on bracket 558, and thus pulley 570 is mounted on bracket 558) and coupled to the cable link to allow the cable link to translate relative to the pivot joint when the arm support is rotated below the predetermined angle such that the axis moves closer to the pivot joint to reduce the offset force (see Figs. 14C-14D).
Regarding claim 21, Doyle discloses (Figs. 13A-14D) a system for supporting an arm of a user, comprising:
a harness (harness 510) configured to be worn on a body of a user;
an arm support (arm support assembly 505) coupled to the harness comprising a first end coupled to a connection bracket (end of support 505 connected to cable anchor 558) at a pivot joint (pivot 584) and a second end comprising an arm rest (end connected to armrest 600) for receiving an upper arm of the user (paragraph [0126]), the arm support configured to pivot about the pivot joint to accommodate and follow the user raising and lower the arm (paragraph [0112] and Figs. 14C-14D);
one or more compensation elements (spring 636) coupled to the arm support to apply an offset force to at least partially offset a gravitational force acting on the arm as the user raises and lowers the arm (paragraph [0136]), the one or more compensation elements comprising: a spring (spring 636) including a first end mounted to the arm support (see Fig. 14A-14B);
an elongate tension element (cable 634) comprising a first end coupled to a connection post (end coupled to pulley pivot 572) on the connection bracket and a second end coupled to a second end of the spring (end coupled to spring 636, se Fig. 14C), thereby defining an axis extending along a segment of the tension element from the second end of the arm support towards the first end of the arm support (see axis formed by section of cable 634 extending from support 600 to spring 640 in direction of second to first ends in Annotated Fig. 14C-14D below);
a first pulley (pulley 630) mounted to the arm support adjacent the second end of the arm support (see Fig. 14C);
a second pulley (pulley 564) mounted to the arm support adjacent the connection bracket (adjacent first end and thus adjacent to connection bracket as shown in Annotated Fig. 14C) and wherein the tension element extends partially around the second pulley to modify the offset force as the arm support rotates about the pivot joint (see Figs. 14C-14D); and
a feature (pulley 570) mounted adjacent the connection post (see Fig. 14c) such that, when the arm support is rotated about the pivot joint above a predetermined angle, the feature offsets the axis away from the pivot joint and (feature moves axis away from pivot joint 584 when moving above horizontal angle, see Fig. 14C), and when the arm support is rotated below the predetermined angle, the axis moves closer to the pivot joint to reduce the offset force (feature mores axis toward pivot joint 584 when moving from position in Fig. 14C toward horizontal angle).
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Regarding claim 31, Doyle discloses (Figs. 13A-14D) a system for supporting an arm of a user, comprising:
a harness (harness 510) configured to be worn on a body of a user (see Fig. 13A);
an arm support (arm support assembly 505) coupled to the harness comprising a first end coupled to a connection bracket (end of support 505 connected to cable anchor 558) at a pivot joint (pivot 584) and a second end comprising an arm rest (end connected to armrest 600) for receiving an upper arm of the user (paragraph [0126]), the arm support configured to pivot about the pivot joint to accommodate and follow the user raising and lower the arm (paragraph [0112] and Figs. 14C-14D);
one or more compensation elements (spring 636) coupled to the arm support to apply an offset force to at least partially offset a gravitational force acting on the arm as the user raises and lowers the arm (paragraph [0136]), the one or more compensation elements comprising: a spring (spring 636) including a first end mounted to the arm support (see Fig. 14A-14B);
an elongate tension element (cable 634) comprising a first end coupled to a connection post (end coupled to pulley pivot 572) on the connection bracket and a second end coupled to a second end of the spring (end coupled to spring 636, se Fig. 14C), thereby defining an axis extending along a segment of the tension element from the second end of the arm support towards the first end of the arm support (see axis formed by section of cable 634 extending from support 600 to spring 640 in direction of second to first ends in Annotated Fig. 14C-14D below);
a first pulley (pulley 630) mounted to the arm support adjacent the second end of the arm support (see Fig. 14C);
a second pulley (pulley 564) mounted to the arm support adjacent the connection bracket (adjacent first end and thus adjacent to connection bracket as shown in Annotated Fig. 14C) and wherein the tension element extends partially around the second pulley to modify the offset force as the arm support rotates about the pivot joint (see Figs. 14C-14D); and
wherein the connection post comprises a pivoting cable link, and wherein one or more pivot features are mounted on the connection bracket and coupled to the cable link to allow the cable link to translate relative to the pivot joint when the arm support is rotated below the predetermined angle to reduce the offset force as the arm support moves towards a substantially vertically downward orientation.
wherein the connection post comprises a pivoting cable link (post 572 is a pivoting link that pulley 570 rotates about, paragraph [0131]), and wherein the feature comprises one or more pivot features (feature in form of pulley 570 that pivots about post 572) mounted on the connection bracket (pulley 570 mounted on chassis 580, which is mounted on bracket 558, and thus pulley 570 is mounted on bracket 558) and coupled to the cable link to allow the cable link to translate relative to the pivot joint when the arm support is rotated below the predetermined angle to reduce the offset force as the arm support moves towards a substantially vertically downward orientation (see Figs. 14C-14D).
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.
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.
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doyle (US 2020/0253770, hereinafter Doyle ‘770) in view of Doyle (US 2017/0224517, hereinafter Doyle ‘517).
Regarding claim 2, Doyle ‘770 discloses the arm support is configured to move to a substantially vertically downward position (see Figs. 14C-14D), but does not disclose the axis intersects the pivot joint when the arm support is oriented substantially vertically downward.
However, Doyle ‘517 teaches (Figs. 17A-18B) an elongate tension element (cable 566) comprising a second end coupled to a second end of the spring (end coupled to spring 560, see Figs. 18A-18B), thereby defining an axis extending along a segment of the tension element from the second end of the arm support towards the first end of the arm support (see Fig. 18B).
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 arm support of Doyle ‘770 such that the axis intersects the pivot joint when the arm support is oriented substantially vertically downward, as taught by Doyle ‘517, for the purpose of providing lift force to an arm thereby allowing users with weakened arms to lift heavier and provide for better rehabilitation (paragraph [0084] and [0089] Doyle ‘517).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Doyle (US 2014/0158839) discloses an arm support having a similar mechanism as claimed.
Angold (US 2017/0173783) discloses an upper body exoskeleton with a similar structure as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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