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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10, and thus its dependent claims 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 10 recites terms such as “a first change interval” and a “second change interval”, however it is unclear from Applicant’s specification and/or drawings what these intervals are intended to represent, as the graphs used to represent these values in the drawings are not labeled. Are the first and second change intervals a specific period of time? For the purpose of examination, the Examiner has taken these limitations to mean the exoskeleton control system is capable of adjusting the various operating procedures over specific periods of time. Furthermore, claims 10-11 recite various method steps such as “reaching the switching value” (claim 10), and “continuously increases as the angle increases” and “the increase interval ends at the smaller angle than the decrease interval begins” (claim 11). The Examiner notes claims 1-17, and 20-22 are all directed towards apparatus claims, and therefore the Examiner will consider such method step limitations to be met by the prior art as long as the prior art is capable of performing said steps (see MPEP 2111.04).
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) 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pruess (WO 2017/127683 A1).
Regarding claim 1, Pruess discloses an exoskeleton device (exoskeleton device 301, Figure 3a, Paragraph 0057 and Abstract), comprising: an exoskeleton having: a base section for attachment to a body section of the human body hip structure 508 comprises a base section wrapping 302 for attaching exoskeleton 301 to the wearer 300, Paragraph 0057 and Figure 3a) , - a support section movably coupled to the base section for supporting a body part of the human body (the hip structure 508 is connected to a tool-holding arm 305 for supporting the arm of the wearer 300, Paragraph 0057 and Figure 3), - an actuator device acting on the support section for providing a support force for the body part (a first fluid spring is configured to provide a gravity-counteracting force to the tool-holding arm 305, Paragraphs 0021, 0058) wherein the exoskeleton device further comprises:- a control device (exoskeleton control system 320, Figure 3B and Paragraph 0058) which has at least two manually and/or automatically selectable presets (exoskeleton wearer 300 uses a user interface 321 to command an exoskeleton control system 320 to direct tool arm adjustment motors 322 based on the identity of the tool, or lack of a tool, affixed to tool mount 306 to adjust tool arm spring tension appropriately for the weight of the tool in order to achieve gravity compensation; the wearer selects a specific tool from a preset list shown in the user interface, Paragraph 0058 and Figure 3b), each of which has at least one preset characteristic which defines a support force specification as a function of at least one input variable (based on the selection of a specific tool affixed to the tool mount 306, the exoskeleton control system 320 adjusts the spring arm tension appropriately for the weight of the selected tool in order to achieve gravity compensation, Paragraph 0058), in particular a position of the support section (exoskeleton wearer 300 uses tool 303 affixed to tool mount 306 with a first spring tension setting 323, resulting in gravity compensation for tool 303 and allowing exoskeleton wearer 300 to manipulate the position of tool 303 and thus the position of the told holding arm 305 without supporting the weight of tool 303, Paragraph 0058) whereby the at least two presets differ in their preset characteristics (see Paragraph 0058 describing the selection of either a first or second tool, such that the spring tension is adjusted appropriately based on the weight of the selected tool), and - wherein the control device is configured to determine, using a preset selected from the at least two presets, the support force specification as a function of the input variable and to set the support force on the basis of the support force specification (based on the selection of a specific tool affixed to the tool mount 306, the exoskeleton control system 320 adjusts the spring arm tension appropriately for the weight of the selected tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 2, Pruess further discloses wherein the at least one preset characteristic comprises an increase interval characteristic which defines an increase interval with respect to the input variable, in which increase interval the support force specification increases continuously with increasing input variable (exoskeleton wearer 300 uses a user interface 321 to command an exoskeleton control system 320 to direct tool arm adjustment motors 322 based on the identity of the tool, or lack of a tool, affixed to tool mount 306 to adjust tool arm spring tension appropriately for the weight of the tool in order to achieve gravity compensation, therefore the exoskeleton control system 320 is fully capable of increasing the tool arm spring tension with respect to the input, Paragraph 0058 and Figure 3b).
Regarding claim 3, Pruess further discloses according to wherein the increase interval characteristic defines a predetermined curve shape for the increase of the support force specification in the increase interval (the user may select a specific tool from a preset list shown in the user interface, which is then used to define a predetermined curve shape for the respective tension force, to determine optimal spring tension settings for gravity compensation, Paragraph 0058).
Regarding claim 4, Pruess further discloses according to wherein the increase interval characteristic defines a substantially constant support force specification above and/or below the increase interval (exoskeleton wearer 300 uses a user interface 321 to command an exoskeleton control system 320 to direct tool arm adjustment motors 322 based on the identity of the tool, or lack of a tool, affixed to tool mount 306 to adjust tool arm spring tension appropriately for the weight of the tool in order to achieve gravity compensation, therefore the exoskeleton control system 320 is fully capable defining a substantially constant support force above a given interval, Paragraph 0058).
Regarding claim 5, Pruess further discloses wherein the input variable comprises the position of the support section (exoskeleton wearer 300 uses tool 303 affixed to tool mount 306 with a first spring tension setting 323, resulting in gravity compensation for tool 303 and allowing exoskeleton wearer 300 to manipulate the position of tool 303 and thus the position of the told holding arm 305 without supporting the weight of tool 303, Paragraph 0058), and the at least one preset characteristic comprises a rest position characteristic which defines a predetermined position of the support section as the rest position (see Paragraph 0058 describing the tension settings at a rest/null spring tension setting 325 when no tool is attached), in which rest position the support force specification increases to a rest position specification value in order to hold the body part, in particular the limb, in the rest position (the tool supporting arm 305 may be configured to be selectively locked into a fixed position, Paragraph 0061).
Regarding claim 6, Pruess further discloses wherein the rest position specification value specifies a support force that is at least large enough for gravitational compensation, so that a user of the exoskeleton device in the rest position does not have to apply any force to his body part supported by the support section in order to keep the body part in the rest position (exoskeleton wearer 300 uses a user interface 321 to command an exoskeleton control system 320 to direct tool arm adjustment motors 322 based on the identity of the tool, or lack of a tool, affixed to tool mount 306 to adjust tool arm spring tension appropriately for the weight of the tool in order to achieve gravity compensation).
Regarding claim 7, Pruess further discloses wherein the rest position specification value is a local maximum of the support force specification, such that the support force specification immediately above and below the rest position is smaller than the rest position specification value (exoskeleton wearer 300 uses a user interface 321 to command an exoskeleton control system 320 to direct tool arm adjustment motors 322 based on the identity of the tool, or lack of a tool, affixed to tool mount 306 to adjust tool arm spring tension appropriately for the weight of the tool in order to achieve gravity compensation, therefore the exoskeleton control system 320 is fully capable of having a rest/null valve be a local maximum of the tension spring force, Paragraph 0058).
Regarding claim 8, Pruess further discloses wherein in the rest position characteristic, the support force specification further depends on whether the support section is moved in a lifting direction or in a lowering direction (figure 3C shows exoskeleton wearer 300 using arms 304 to manipulate tool 326, with a weight 327 of tool 326 being offset by a lifting force 328 resulting from spring tension 324 in tool-holding arm 305, Paragraph 0058).
Regarding claim 9, Pruess further discloses wherein the at least one preset characteristic further comprises a dynamic characteristic (the preset characteristic of the tool selection is dynamic and/or can change based on selection, Paragraph 0058), wherein the relationship between the support force specification and the input variable depends on the direction of change of the input variable and/or on reaching at least one predetermined switching value of the input variable (exoskeleton sensors 330 receive information from or about the tools affixed to the exoskeleton, allowing exoskeleton control system 320 to automatically set the parameters for tool arm adjustment motors 322 to set optimal spring tension for gravity compensation for a specific tool, Paragraph 0058).
Regarding claim 10, Pruess further discloses wherein the dynamic characteristic defines at least a first change interval and a second change interval, in each of which the support force specification changes via the input variable, and a dependency is defined in the dynamic characteristic, such that, depending on the direction of change of the input variable and/or reaching the switching value, selectively the first change interval or the second change interval defines the relationship between the support force specification and the input variable (the Examiner notes the 112b rejection presented above regarding claims 10-12, however for the purpose of examination, the Examiner has considered this limitation to be met due to Pruess’s device comprising an exoskeleton control system 320 fully capable of performing said method steps; the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 11, Pruess further discloses wherein the input variable is an angle of the support section, the first change interval is an increase interval in which the support force specification continuously increases as the angle increases, and the second change interval is a decrease interval in which the support force specification continuously decreases as the angle decreases, and wherein - the increase interval ends at a smaller angle than the decrease interval begins or - the increase interval ends at a larger angle than the decrease interval begins (the Examiner notes the 112b rejection presented above regarding claims 10-12, however for the purpose of examination, the Examiner has considered this limitation to be met due to Pruess’s device comprising an exoskeleton control system 320 fully capable of performing said method steps; the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 12, Pruess further discloses wherein the dynamic characteristic defines at least one substantially constant support force specification outside the change intervals (the Examiner notes the 112b rejection presented above regarding claims 10-12, however for the purpose of examination, the Examiner has considered this limitation to be met due to Pruess’s device comprising an exoskeleton control system 320 fully capable of performing said method steps; the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 13, Pruess further discloses an input device via which the determined support force specification can be scaled by a user in order to provide a scaled support force specification, wherein the control device is configured to set the support force in accordance with the scaled support force specification (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 14, Pruess further discloses further comprising an input device via which a user can select one of the presets (the wearer may select a specific tool from a preset list shown in the user interface 320, Paragraph 0058).
Regarding claim 15, Pruess further discloses wherein the control device is configured to select the preset to be used from the existing presets on the basis of location information, tool information, person information and/or movement information (the wearer may select a specific tool from a preset list shown in the user interface 320, Paragraph 0058).
Regarding claim 16, Pruess further discloses further comprising a configuration device, via which a user can configure a preset, wherein one or more preset characteristics for a preset can be selected and/or adapted with the configuration device (the wearer may select a specific tool from a preset list shown in the user interface 320, Paragraph 0058).
Regarding claim 17, Pruess further discloses wherein the at least one input variable comprises the position of the support section, the position of the base section and/or a tool signal received from a tool (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 18, Pruess discloses a method of operating an exoskeleton device according to claim 1 (see claim 1 analysis above), comprising the steps of:- selecting one of at least two presets (wearer may select a specific tool from a preset list shown in the user interface 320, paragraph 0058), - using the selected preset, determining the support force specification as a function of the input variable, and - setting the support force on the basis of the determined support force specification (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 19, Pruess further discloses comprising the steps of:- selecting a different preset of the at least two presets (see Paragraph 0058 describing the selection of either a first or second tool, with corresponding first and second spring tension settings), - using the selected preset, determining the support force specification as a function of the input variable, and - setting the support force on the basis of the determined support force specification (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, Paragraph 0058).
Regarding claim 20, Pruess further discloses wherein the base section is for attachment to the torso of the human body (see hip section 308 comprises wrapping 302 configured to attach to torso of the wearer 300, Figure 3a) and/or the support section is for supporting an arm of the human body (see tool holding arm 305 supporting an arm of the wearer 300, Figure 3a).
Regarding claim 21, Pruess further discloses wherein, in the rest position, the support force specification increases abruptly to the rest position specification value (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, therefore the control system 320 is fully capable of increasing/decreasing the forces to a specific value at any rate, Paragraph 0058).
Regarding claim 22, Pruess further discloses wherein the rest position is provided when the support section is moved in the lowering direction and reaches the predetermined position and is not provided when the support section is moved in the lifting direction and reaches the predetermined position (the exoskeleton device 300 includes a user interface 320 configured to command the control system 320 to direct too arm adjustment motors 322 based on the identity of the tool to therefore adjust spring arm tension appropriately for weight of the tool in order to achieve gravity compensation, therefore the control system 320 is fully capable of having a rest position provided with the tool holding arm 305 is moved in a lowering direction and reaches a predetermined positioned, and not being providing when the tool holding arm 305 is moved in the lifting direction, Paragraph 0058 and Figure 3b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kornbluh et al. (US 2014/0277739 A1) and Lamson et al. (US 2021/0177686 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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