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 .
This action is in response to the filing on 10/7/2024. Since the initial filing, claims 3, 4, 6, 8, 10, 11, 13, 14, 17 and 19 have been amended and no claims have been added or cancelled. Thus, claims 1-19 are pending in the application.
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(s) 1-4, 14-15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju (US 2020/0129360) in view of Feng (US 2023/0050111).
In regards to claim 1, Ju discloses an exoskeletal rehabilitation device arranged to support a hand, a lower arm portion, and an upper arm portion of an arm of a user (paragraph 73, Fig 4 and 5) relative to a supporting surface for rehabilitating the arm of the user (paragraph 100), the device comprising: a base frame arranged to be mounted in fixed relation to the supporting surface (arm 173); a shoulder frame coupled to the base frame for pivotal movement about a first shoulder axis (link between arm 171 and bracket 175, paragraph 99, see Annotated Fig 4); an upper arm frame coupled to the shoulder frame for pivotal movement about a second shoulder axis transverse to the first shoulder axis relative to the shoulder frame (upper limb support 101 pivots around joint 125, paragraph 83), the upper arm frame being arranged to extend alongside the upper arm portion of the arm of the user when the arm of the user is supported on the device such that (i) pivotal movement of the upper arm frame about the second shoulder axis corresponds to abduction and adduction of the upper arm portion of the arm of the user (pivot about 125 corresponds to up-down movement of arm, paragraph 95), and (ii) pivotal movement of the shoulder frame portion about the first shoulder axis corresponds to flexion and extension of the upper arm portion of the arm of the user (pivoting about link between arm 171 and bracket 175 corresponds to left-right movement of arm, paragraph 99); a lower arm frame coupled to the upper arm frame for pivotal movement about an upright elbow axis relative to the upper arm frame (lifting unit 121), the lower arm frame being arranged to extend alongside the lower arm portion of the arm of the user when the arm of the user is supported on the device (see Annotated Fig 4) such that pivotal movement of the lower arm frame about the upright elbow axis corresponds to flexion and extension of the lower arm portion of the arm of the user (elbow rest 11 pivotably hinged to link 123 of lifting unit 121, paragraph 86, Fig 4); a wrist frame coupled to the lower arm frame for pivotal movement about a longitudinal axis of the lower arm frame relative to the lower arm frame such that pivotal movement of the wrist frame about the longitudinal axis corresponds to pronation and supination of the lower arm portion of the arm of the user (wrist support 61 comprises rest 71 and track 81 for rotational movement, paragraph 74).
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Annotated Fig 4
Ju does not disclose a handle frame coupled to the lower arm frame for pivotal movement about a wrist axis relative to the wrist frame, the handle frame defining a handle thereon arranged to be gripped in the hand of the user when the arm of the user is supported on the device such that pivotal movement of the handle frame about the wrist axis relative to the wrist frame corresponds to flexion and extension of the hand of the user.
However, Feng teaches an upper limb exoskeletal rehabilitation device (Fig 1) having a handle frame (hand component 6) coupled to the lower arm frame (arm component 4) for pivotal movement about a wrist axis relative to the wrist frame (paragraph 57 line 40-49), the handle frame defining a handle thereon arranged to be gripped in the hand of the user when the arm of the user is supported on the device such that pivotal movement of the handle frame about the wrist axis relative to the wrist frame corresponds to flexion and extension of the hand of the user (paragraph 57 line 40-49).
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 Ju to have a handle frame coupled to the lower arm frame for pivotal movement about a wrist axis relative to the wrist frame, the handle frame defining a handle thereon arranged to be gripped in the hand of the user when the arm of the user is supported on the device such that pivotal movement of the handle frame about the wrist axis relative to the wrist frame corresponds to flexion and extension of the hand of the user as taught by Feng as this would allow the device to provide a full limb support and a full range of motion for therapy as needed by the user.
In regards to claim 2, Ju in view of Feng teaches the device of claim 1 and Ju further discloses further comprising the base frame including a mounting portion arranged to be secured to the supporting surface at a location in proximity to the first and second shoulder axes (fixed member 181, paragraph 100).
In regards to claim 3, Ju in view of Feng teaches the device of claim 1 and Ju further discloses wherein in combination with a counter defining the supporting surface thereon, the base frame being supported in fixed and immovable relationship to the counter (fixed member 181, paragraph 100).
In regards to claim 4, Ju in view of Feng teaches the device of claim 1 and Ju further discloses wherein the base frame includes a clamp member arranged to be clamped onto an object defining the supporting surface thereon, the clamp member being located in proximity to the first and second shoulder axes of the device (see Annotated Fig 4).
In regards to claim 14, Ju in view of Feng teaches the device of claim 1 and the combination further teaches further comprising an elbow motor operatively connected between the lower arm frame and the upper arm frame to assist in driving movement of the lower arm frame relative to the upper arm frame about the upright elbow axis, the elbow motor having a rotary output that is coaxial with the elbow axis (elbow joint motor 32, paragraph 57 line 35-37, Fig 1).
In regards to claim 15, Ju in view of Feng teaches the device of claim 14 and Jur further discloses wherein the elbow axis is vertically oriented in a neutral position when the upper arm frame extends generally horizontally between the second shoulder axis and the elbow axis (axis of elbow would be oriented vertically while hand in neutral position shown in Fig 3), the elbow axis being moveable away from the vertically oriented neutral position together with pivotal movement of the upper arm frame about the second shoulder axis relative to the shoulder frame (axis of elbow would move away from vertical as arm lifted, pivot about 125 corresponds to up-down movement of arm, paragraph 95).
In regards to claim 19, Ju in view of Feng teaches the device of claim 1 and the combination further teaches further comprising a wrist motor operatively connected between the handle frame and the wrist frame to assist in driving movement of the handle frame relative to the wrist frame about the wrist axis, the wrist motor having a rotary output that is coaxial with the wrist axis (Feng: paragraph 57 line 40-49).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju (US 2020/0129360) in view of Feng (US 2023/0050111) and in further view of Wilkinson (US 2020/0179212).
In regards to claim 5, Ju in view of Feng teaches the device of claim 4.
Ju does not disclose wherein the base frame is adjustable in height relative to the clamp member.
However, Wilkinson teaches an upper limb exoskeleton being mounted on a base wherein the relative height is adjustable (telescopic assembly 827, paragraph 213).
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 Ju wherein the base frame is adjustable in height relative to the clamp member as taught by Wilkinson as this would allow the device to be adjusted to a particular user.
Claim(s) 8-9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju (US 2020/0129360) in view of Feng (US 2023/0050111) and in further view of Qian (CN 109481225).
In regards to claim 8, Ju in view of Feng teaches the device of claim 1 and the combination further teaches further comprising: an elbow motor operatively connected between the lower arm frame and the upper arm frame to assist in driving movement of the lower arm frame relative to the upper arm frame about the upright elbow axis (Feng: elbow joint motor 32, paragraph 52); and a wrist motor operatively connected between the handle frame and the wrist frame to assist in driving movement of the handle frame relative to the wrist frame about the wrist axis (Feng: wrist motor 54, paragraph 54).
Ju does not disclose a first shoulder motor operatively connected between the shoulder frame and the base frame to assist in driving movement of the shoulder frame relative to the base frame about the first shoulder axis; a second shoulder motor operatively connected between the upper arm frame and the shoulder frame to assist in driving movement of the upper arm frame relative to the shoulder frame about the second shoulder axis; a lower arm motor operatively connected between the wrist frame and the lower arm frame to assist in driving movement of the wrist frame relative to the lower arm frame about the longitudinal axis of the lower arm frame.
However, Qian teaches a first shoulder motor operatively connected between the shoulder frame and the base frame to assist in driving movement of the shoulder frame relative to the base frame about the first shoulder axis; a second shoulder motor operatively connected between the upper arm frame and the shoulder frame to assist in driving movement of the upper arm frame relative to the shoulder frame about the second shoulder axis (shoulder joint adduction/abduction motor 5 and shoulder joint flexion/extension motor 6, page 4 paragraph 2); a lower arm motor operatively connected between the wrist frame and the lower arm frame to assist in driving movement of the wrist frame relative to the lower arm frame about the longitudinal axis of the lower arm frame (spin motor 14 rotates lower arm, page 4 paragraph 3, Fig 1 and 4).
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 Ju to have a first shoulder motor operatively connected between the shoulder frame and the base frame to assist in driving movement of the shoulder frame relative to the base frame about the first shoulder axis; a second shoulder motor operatively connected between the upper arm frame and the shoulder frame to assist in driving movement of the upper arm frame relative to the shoulder frame about the second shoulder axis; a lower arm motor operatively connected between the wrist frame and the lower arm frame to assist in driving movement of the wrist frame relative to the lower arm frame about the longitudinal axis of the lower arm frame as taught by Qian as this would provide a full range of motions for all joints in the upper limb for best rehabilitation.
In regards to claim 9, Ju in view of Feng and Qian teaches the device of claim 8 and the combination further teaches wherein each of the motors comprises a rotary driven motor having a rotary output (Feng: paragraph 57 line 35-37 and 44-47).
In regards to claim 17, Ju in view of Feng teaches the device of claim 1.
While Ju discloses the lower arm frame comprising a member oriented concentrically with the longitudinal axis of the lower arm frame and receiving the arm of the user therethrough, the wrist frame being supported on the annular frame member for movement about the annular frame member relative to the lower arm frame (wrist mounting part 71 rests on track 81, paragraph 55-56, se Annotated Fig 4), it does not disclose wherein that member is annular.
However, Qian teaches wherein such a member is annular (arm rotating guide 18 is cylindrical, page 4 paragraph 3, Fig 3).
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 Ju wherein the member is annular as taught by Qian as this would provide a full range for rotation of the arm about the longitudinal axis.
In regards to claim 18, Ju in view of Feng and Qian teaches the device of claim 17 and the combination further teaches further comprising: a row of gear teeth on the wrist frame extending circumferentially about at least a portion of the annular frame member of the lower arm frame; a spur gear supported on the lower arm frame in meshing engagement with the row of gear teeth; and a lower arm motor supported on the lower arm frame to drive rotation of the spur gear and in turn drive movement of the wrist frame relative to the lower arm frame about the longitudinal axis of the lower arm frame (Qian: page 4 paragraph 3, Fig 4).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju (US 2020/0129360) in view of Feng (US 2023/0050111) and in further view of Perry (US 2008/0009771).
In regards to claim 13, Ju in view of Feng teaches the device of claim 1.
Ju does not disclose wherein the upper arm frame is adjustable in length, whereby adjusting a length of the upper arm frame varies a distance between the second shoulder axis and the upright elbow axis.
However, Perry teaches an upper arm exoskeleton wherein the upper arm frame is adjustable in length, whereby adjusting a length of the upper arm frame varies a distance between the second shoulder axis and the upright elbow axis (length adjustment of links, paragraph 69).
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 Ju wherein the upper arm frame is adjustable in length, whereby adjusting a length of the upper arm frame varies a distance between the second shoulder axis and the upright elbow axis as taught by Perry as this would allow the device to be comfortably fit to multiple users (Perry: paragraph 69).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ju (US 2020/0129360) in view of Feng (US 2023/0050111) and in further view of Xue (US 2021/0353493).
In regards to claim 16, Ju in view of Feng teaches the device of claim 15.
Ju does not disclose wherein the upper arm frame includes two first connecting arms, and the lower arm frame includes two second connecting arms pivotally coupled to the two first connecting arms respectively to define two pivot connections, the pivot connections being spaced apart along the elbow axis to define an arm receiving region between the pivot connections that receives the arm of the user therethrough.
However, Xue teaches wherein the upper arm frame includes two first connecting arms (outer upper arm panel 111 and inner upper arm panel 112, paragraph 41), and the lower arm frame includes two second connecting arms pivotally coupled to the two first connecting arms respectively to define two pivot connections (outer forearm panel 131 and inner forearm panel 132, paragraph 42), the pivot connections being spaced apart along the elbow axis to define an arm receiving region between the pivot connections that receives the arm of the user therethrough (elbow joint 12, Fig 6).
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 Ju wherein the upper arm frame includes two first connecting arms, and the lower arm frame includes two second connecting arms pivotally coupled to the two first connecting arms respectively to define two pivot connections, the pivot connections being spaced apart along the elbow axis to define an arm receiving region between the pivot connections that receives the arm of the user therethrough as taught by Xue as this is a known structure for limb supporting exoskeletons and which, lacking establishment of functional criticality, may be considered a matter of design choice comprising a simple duplication of parts which itself holds no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B).
Allowable Subject Matter
Claims 6-7 and 10-12 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.
Claim 6 recites the limitation of “a secondary supporting portion on the shoulder frame arranged to engage the supporting surface and support the shoulder frame for movement relative to the supporting surface while the shoulder frame is displaced about the first shoulder axis relative to the base frame”. This structure cannot be found in the prior art of record.
Claim 10 recites the limitation of “a sliding member supported for linear sliding movement on the base frame; a screw rotatably supported on the base frame in meshing engagement with the sliding member such that rotation of the screw drives the linear sliding movement of the sliding member on the base frame; a connecting link pivotally coupled at a first end on the sliding member and pivotally coupled at a second end on the shoulder frame; and a first shoulder motor supported on the base frame to drive rotation of the screw and in turn drive movement of the shoulder frame relative to the base frame about the first shoulder axis”. This structure cannot be found in the prior art of record, nor could it be implemented without undue modification and hindsight reasoning.
Claim 7, dependent on claim 6, and claims 11-12, dependent on claim 10, inherit the objection of the preceding claims.
Conclusion
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/ Primary Examiner, Art Unit 3785
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