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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/24/2026 has been entered.
Response to Amendment
Applicant's amendments overcome the previous 35 U.S.C. 112(a) and 112(b) rejections. Claims 39-40 have been added. Claims 25-29, 31-37, and 39-40 remain pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 25-26, 28-29, 31-33, 36-37, and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roh et al. (US 2017/0128234 A1), hereafter Roh, in view of Lee et al. (US 20170056276 A1), hereafter Kim, in view of Lee et al. (US 2017/0151120 A1), hereafter Lee, in view of Fujita et al. (US 2020/0069505 A1), hereafter Fujita.
Regarding claim 25, Roh discloses a wearable apparatus (Fig. 1; exercise assistance device worn by a user, par. 0034), comprising: a rear support configured to support a rear portion of a waist of a user (Fig. A, annotated below); a driving source, comprising a motor (Fig. 2, motor 110; par. 0079), configured to provide power to assist a motion of a hip joint and/or leg of the user (driving module assists rotary motion of hip joints, par. 0068); a thigh support configured to support a thigh of the user (Fig. A, annotated below); a waist frame including first and second shafts (Fig. A, annotated below) configured to connect at least the rear support and the driving source (Fig. A and 1-2, shafts connect rear support and motor 110); a driving source bracket structure connected to each of the first and second shafts of the waist frame (Fig. 4-6, frame 120 connects to both shafts), wherein the driving source bracket structure comprises: a clamp for receiving part of the first shaft (Fig. B, annotated below); a support configured to be connected to the second shaft (Fig. B, annotated below); and a bracket located between at least the clamp and the support, wherein the bracket comprises a space for receiving at least part of the driving source (Fig. B, annotated below, bracket receives motor 110), a side cover connected to the driving source bracket structure, enclosing at least part of the driving source, and configured to contact a side portion of a pelvis of the user (Roh Fig. 1 shows a side cover connected to the bracket and enclosing part of the driving source and contacting a side of a pelvis of the user), wherein the driving source is detachably mounted to the waist frame (Fig. 4-6, 8A shows the shafts are held in the bracket by clamping structures and would be detachable); and a front support (fixing module 30 and frame fixture; Fig. 1, Fig. C, annotated below) including a frame fixture (Fig. C, annotated below), and defining a closed- loop structure configured to enclose a waist of the user in conjunction with the rear support and the waist frame (Fig. A, annotated below, shows the front support, rear support, and the first and second shafts of the waist frame form a closed loop), wherein a first end of the frame fixture is connected to the driving source bracket structure (Fig. C, annotated below, shows a first end of the frame fixture is connected to the driving source bracket 120), and a second end of the frame fixture is connected to the front support (Fig. 1 shows the frame fixture connects to the fixing module 30).
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Fig. A, adapted from Fig. 1 of Roh
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Fig. B, adapted from Fig. 5 of Roh
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Fig. C, adapted from Fig. 3 of Roh
Roh does not explicitly disclose the front support includes a rotating portion and the frame fixture is connected to the rotating portion of the front support.
Kim teaches a wearable apparatus (apparatus 1; Fig. 1-2), comprising: a front support (front fixing module 120 including hard layer 130, soft layer 140, layer fastening portion 150; Fig. 1-4) including a rotating portion (Fig. E, annotated below) and a frame fixture (hinge portion 1144; Fig. 3-4) connected to the rotating portion (Fig. E, annotated below, shows hinge portion connected to rotating portion) for the purpose of deforming suitably for a body shape of the user to increase wearability (par. 0094).
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Fig. E, adapted from Fig. 3 of Kim
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Roh to include a rotating portion as taught by Kim for the purpose of deforming suitably for a body shape of the user to increase wearability (Kim par. 0094).
The modified Roh does not disclose the first and second shafts being slidably received in the rear support to allow adjustment of a horizontal width and a vertical height between the rear support and the driving source and wherein the rear support is detachably mounted to the waist frame.
Lee teaches a motion assistance apparatus (par. 0005) wherein the first and second shafts are slidably received in the rear support (Fig. 16, clamp 1122 controls insertion depth of shafts 1141 and 1143; par. 0123 ln 2-6) to allow adjustment of a horizontal width and a vertical height between the rear support and the driving source (Fig. 16, insertion depth of the shafts 1141 and 1143 can be controlled by control clamp 1122, par. 0123; adjusting the insertion depth of the shafts in the rear support would simultaneously adjust a horizontal width and vertical height between the rear support and driver and a horizontal distance between the rear and front supports due to the diagonal angle of the shafts as seen in Fig. 15 and 18) and wherein the rear support is detachably mounted to the waist frame (the use of clamps would render the rear support detachable from the waist frame) for the purpose of adjusting the device for users of various body sizes (par. 0123).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Roh to have the shafts slidably connected to the rear support as taught by Lee for the purpose of adjusting the device for users of various body sizes (See Lee: par. 0123 ln 6-10).
The modified Roh does not explicitly disclose wherein the side cover is spaced apart from the first and second shafts such that the side cover does not directly contact the first and second shafts, and the side cover comprises holes having diameters greater than diameters of the first and second shafts to thereby decouple force-transmitting paths between the first and second shafts and the side cover.
However, a shaft and cover arrangement in the modified Roh can only have two possible configurations; the hole in the cover can be the same size as the shaft so that there is no space between the two elements or the hole can have a larger size than the shaft so that the elements are spaced apart. Fujita teaches a wearable apparatus (Fig. 1, knee-ankle-foot orthosis; abstract ln 14) with a cover (Fig. G, annotated below) spaced apart from a shaft (Fig. G, annotated below). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the cover of the modified Roh to be spaced apart from the shafts as taught by Fujita as this is an art recognized effective configuration. Furthermore, this configuration would have the benefit of preventing the outer surface of the shafts from rubbing against the inner surface of the openings.
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Fig. G, adapted from Fig. 37 of Fujita
Regarding claim 26, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein the clamp comprises an adjustable fastener configured to adjust clamping force on the first shaft (Fig. B, annotated above, and Roh Fig. 6 show shaft is held in the clamp by multiple fasteners).
The modified Roh does not disclose a plurality of adjustable fasteners.
However, it would have been obvious to modify Roh to comprise a plurality of adjustable fasteners since the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 28, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein an end portion of the second shaft is detachable from the support (Roh Fig. 4, second shaft is connected to the support by fasteners making the shaft detachable).
Regarding claim 29, the modified Roh discloses the wearable apparatus of claim 28 (shown above), wherein the driving source bracket structure further comprises a frame extending around part of a periphery of the space (Fig. C, annotated above) and extending between at least the support and the clamp (Fig. C, annotated above).
Regarding claim 31, the modified Roh discloses the wearable apparatus of claim 29 (shown above), wherein the frame is connected between the clamp and the support (Fig. C, annotated above).
Regarding claim 32, the modified Roh discloses the wearable apparatus of claim 29 (shown above), wherein the frame comprises an arcuate flange (Fig. D, annotated below).
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Fig. D, adapted from Fig. 3 of Roh
Regarding claim 33, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein the support comprises apertures therein for receiving fasteners for connecting the support to the second shaft (Fig. C, annotated above, upper section of support has fasteners to connect shaft).
Regarding claim 36, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein an end portion of the first shaft and an end portion of the second shaft are parallel to each other (Lee Fig. 16, ends of shafts 1141 and 1143 are parallel to each other).
Regarding claim 37, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein a gap between the rear support and the driving source is adjustable (Lee Fig. 16, changing the insertion depth of the shafts in the rear support adjusts the gap between the rear support and the driving source 3).
Regarding claim 39, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein the rear support comprises a rear bracket connected to the first and second shafts (supporting board 1121 and control clamps 1122 make a rear bracket connected to the first and second shafts; Lee Fig. 16) and a rear cover connected to the rear bracket (cover 1125 connects to supporting board 1121 of rear bracket; Lee Fig. 16, 18-19).
The modified Roh does not disclose rear cover is spaced apart from the first and second shafts, the rear cover comprising holes having diameters greater than diameters of the first and second shafts to thereby decouple force- transmitting paths between the first and second shafts and the rear cover.
However, a shaft and cover arrangement in the modified Roh can only have two possible configurations; the hole in the cover can be the same size as the shaft so that there is no space between the two elements or the hole can have a larger size than the shaft so that the elements are spaced apart. Fujita teaches a wearable apparatus (Fig. 1, knee-ankle-foot orthosis; abstract ln 14) with a cover (Fig. G, annotated above) spaced apart from a shaft (Fig. G, annotated above). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the cover of the modified Roh to be spaced apart from the shafts as taught by Fujita as this is an art recognized effective configuration. Furthermore, this configuration would have the benefit of preventing the outer surface of the shafts from rubbing against the inner surface of the openings.
Regarding claim 40, the modified Roh discloses the wearable apparatus of claim 25 (shown above), wherein the first and second shafts comprise parallel rear straight portions slidably received in respective straight sliding grooves of a rear bracket (shafts 1141 and 1143 have parallel straight portions at the rear which are slidably received in clamps 1122; Lee Fig. 16, par. 0123), the sliding grooves maintaining a distance between the first and second shafts during adjustment so as to maintain an angle of a drive shaft of the driving source during adjustment (the control clamps 1122 are spaced apart such that a distance between the shafts would be maintained which would maintain an angle of a drive shaft of the driving source when the shafts 1141 and 1143 are adjusted in control clamps 1122; Lee Fig. 16).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Roh in view of Kim, in view of Lee, in view of Fujita, as applied to claim 25 above, and further in view of Singh et al. (US 2013/0204248 A1), hereafter Singh.
Regarding claim 27, the modified Roh discloses the wearable apparatus of claim 25 (shown above).
The modified Roh does not disclose wherein an end portion of the first shaft has a non-circular cross-section which is to be received in the clamp.
Singh teaches an end portion of a shaft having a non-circular cross-section which is to be received in a complementary opening (Fig. 2-3, bearing section 52 fits into opening 10; par. 0050) for the purpose of preventing rotation of the shaft within the opening (par. 0050 ln 1-4).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the cross-section of the first shaft and clamp of Roh to be non-circular as taught by Singh for the purpose of preventing rotation of the shaft within the clamp (see Singh: par. 0050 ln 1-4).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Roh in view of Kim, in view of Lee, in view of Fujita, as applied to claim 25 above, and further in view of Ring (US 39751 A).
Regarding claim 34, the modified Roh discloses the wearable apparatus of claim 25 (shown above).
The modified Roh does not disclose the support comprises an insert configured to fit in an end portion of the second shaft. The support of Roh is connected to the shaft by insertion of the shaft into the support (Roh Fig. 6).
Ring teaches a connection between a support and a shaft wherein the support comprises an insert configured to fit in an end portion of a shaft (Fig. 2, upper portion of support A is inserted into shaft B).
The substitution of one known connection for another would have been obvious to one having ordinary skill in the art before the effective filing date of the invention since the substitution of the connection of Ring would have yielded predictable results, namely, a connection between the support and the shaft. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the support of Roh to comprise an insert configured to fit in an end portion of the shaft.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Roh in view of Kim, in view of Lee, in view of Fujita, as applied to claim 25 above, and further in view of Hamaya et al. (US 2012/0316477 A1), hereafter Hamaya.
Regarding claim 35, the modified Roh discloses the wearable apparatus of claim 25 (shown above).
The modified Roh does not disclose the apparatus further comprising a cable extending within at least part of one of the shafts, the cable configured to electrically connect at least one electrical component and the driving source. The apparatus of Roh has an electrical component located on a front side of the waist (Fig. 1, control unit 20; par. 0040).
Hamaya teaches a walking assistance device (Fig. 1; par. 0032, ln 1-4) comprising a cable extending within at least part of one of the shafts (Fig. 2, cable 106 passes through hollow 107 of frame 22; par. 0054 ln 9-13), the cable configured to electrically connect at least one electrical component and the driving source (Fig. 2, cable 106 connects electric unit 25 to motor unit 26; par. 0054 ln 5-18). One of ordinary skill in the art would have reasonably recognized that this alternative arrangement, wherein the electrical component is located at the rear side of the waist instead of the front side, would not affect the function of the apparatus. Further, the apparatus of Roh has a rear support and hollow shaft that would be capable of accommodating an electrical component and cable as taught by Hamaya.
For this reason and absent any showing of unexpected benefit, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Roh to have the electrical component located in the rear support with a connecting cable extending within the shaft to the driver as taught by Hamaya. This arrangement would provide the benefit of a sleeker apparatus by hiding the wire within the shaft and eliminating the need for a separate front module.
Response to Arguments
Applicant's arguments filed 8/24/2026 have been fully considered but they are not persuasive.
Regarding claim 25, Applicant argues that Roh in view of Fujita does not teach the claimed arrangement of the side cover and the shafts. Applicant argues that the shaft and the cover of Fujita (as annotated in Fig. G) are not waist frame shafts and a side cover, respectively, as claimed. However, Fujita is not relied upon to teach the waist frame shafts or the side cover. Fujita is solely relied upon to teach an arrangement between a shaft structure and a cover structure. One of ordinary skill in the art would have recognized that the shaft and cover arrangement of Fujita could be applied to the shafts and side cover of Roh. Also, as stated in the rejection above, the arrangement between a shaft and a cover can only be one of two ways; the hole in the cover can be the same size as the shaft so that there is no space between the two elements or the hole can have a larger size than the shaft so that the elements are spaced apart. Considering this, it would have been obvious to one of ordinary skill in the art to try both configurations and arrive at an arrangement which suited the apparatus. In the case that the holes in the cover are larger than the shafts, the force-transmitting paths between the shafts and the side cover would be decoupled.
Regarding claim 39, Applicant argues that Fujita is not applicable to the rear waist cover for similar reasons discussed above with respect to claim 25. However, Examiner maintains the same position presented above with respect to claim 25.
Regarding claim 40, Applicant argues that Lee does not disclose the structures claimed in new claim 40. However, as shown in the rejection above, the ends portions of shaft 1141 and 1143 are slidably received in control clamps 1122 which would maintain a distance between the shafts 1141 and 1143 at the control clamps as they slide through.
Conclusion
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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