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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 7-9, 11-15 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-6, 9-10, 14-19, of copending Application No. 18/715,591 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claimed elements are not structurally different.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-15 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the back section" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear if "the back section" is the same as "a rear section" previously introduced in the claim or if a new element is being introduced.
Regarding claims 1, 3, 7-8, 10-13 and 15 the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 2 and 14, the term “preferably” extends the scope of the claim rendering it unascertainable. It is unclear if the language following “preferably” is part of the claim.
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.
Claims 1-15 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan (WO 2018/157302), cited by Applicant.
Regarding claim 1, Yuan discloses a wearable aid (10) for supporting in the raising and/or holding of loads by an operator, comprising
a supporting structure (20) having a first support and a second support, wherein the first support and the second support (Fig.7) each have a rear section (203) and a cantilever-type section (205), in such a way that, when the aid is worn by the operator, the back section (203) is arranged posteriorly and extends substantially along the back section of the operator and the cantilever-type section extends posteriorly to anteriorly (Fig.2);
a lower body linking means (13) for coupling the supporting structure to a pelvic, hip or lumbar area of the operator (Fig.7);
an upper body linking means (11) for coupling the supporting structure to an upper body of the operator, in particular to a back, shoulder and/or chest region (Para.34);
a first hand linking means (tensioning mechanisms) for linking to a right hand or underarm region of the operator, wherein the first hand linking means is connected to the first support via a first length-adjustable connecting device (Para.23);
a second hand linking means (tensioning mechanisms) for linking to a left hand or underarm region of the operator, wherein the second hand linking means is connected to the second support via a second length-adjustable connecting device,
wherein the first support is connected to the upper body linking means at a first upper connection point via a first upper joint device and wherein the second support is connected to the upper body linking means at a second upper connection point via a second upper joint device (Fig.7).
Regarding claim 2, Yuan further discloses wherein the first upper joint device and the second upper joint device each have at least two (Para.23), preferably three, degrees of joint freedom (optional).
Regarding claim 3, Yuan further discloses wherein the first upper joint device and the second upper joint device each comprise:
a. a first degree of pivoting freedom about a first pivot axis which is orthogonal to the median plane, in particular when the aid is worn (Fig.2);
b. a second degree of pivoting freedom about a second pivot axis orthogonal to the first pivot axis, in particular orthogonal to the frontal plane when the aid is worn (Fig.2);
c. a translational degree of freedom along a longitudinal axis of the support, in particular along a longitudinal axis of the back section of the support (Para.29, each of the connecting rods 203 may be a telescopic rod to adjust the length of the bracket 20).
Regarding claim 4, Yuan further discloses wherein the first degree of pivoting freedom is provided by a first pivot joint connected to the upper body linking means, and wherein the second degree of pivoting freedom is provided by a second pivot joint connected to the first pivot joint (Fig.2, 7).
Regarding claim 5, Yuan further discloses wherein the translational degree of freedom is provided by a displacement sleeve in which the support is axially displaceably received (Para.29, each of the connecting rods 203 may be a telescopic rod to adjust the length of the bracket 20).
Regarding claim 6, Yuan further discloses wherein the displacement sleeve is designed such that the support can be pivoted about its longitudinal axis (Para.29, Fig.7).
Regarding claim 7, Yuan further discloses wherein the upper body linking means comprises an upper force distribution means (205) connected to the supports (Para.22), in particular via the upper joint devices (optional), and wherein the upper body linking means comprises a flexible upper body linking means device (28) connected to the upper force distribution means for attachment to an upper body region of the operator.
Regarding claim 8, Yuan further discloses wherein the upper body linking means device comprises at least one textile part (28), further in particular in the form of a belt, belt system or a cuff (optional).
Regarding claim 9, Yuan further discloses the upper force distribution means (205) comprises an upper main body which extends between the first support and the second support and on which the upper joint devices are arranged (Fig.7).
Regarding claim 10, Yuan further discloses wherein the upper force distribution means has a force introduction plate (204) which is connected to the upper body linking means device on one side and to the upper main body on the other side in such a way that a distance of the force introduction plate from the upper main body and/or a position of the force introduction plate can be changed cranially and caudally, in particular can be adjusted (Para.29).
Regarding claim 11, Yuan further discloses wherein the upper body linking means is designed such that a relative position of the first upper connection point and the second upper connection point can be changed (Para.22), in particular a position of the first upper connection point and/or of the second upper connection point can be changed (optional), in particular adjusted (optional), in particular independently of one another (optional), laterally and medially relative to the median plane and/or in the anterior direction and in the posterior direction relative to the frontal plane when the aid is worn (Para.22).
Regarding claim 12, Yuan further discloses wherein the first support is connected to the lower body linking means (13) at a first lower connection point (202), in particular in an articulated manner (optional), further in particular via a first lower joint device (optional), and wherein the second support is connected to the lower body linking means at a second lower connection point (Para.23), in particular in an articulated manner (optional), further in particular via a second lower joint device (optional).
Regarding claim 13, Yuan further discloses wherein a securing means is provided for securing the first and second upper joint devices, in particular wherein a securing means is also provided for securing the first and second lower joint devices (Para.38).
Regarding claim 14, Yuan further discloses wherein the first support and the second support are each connected to the lower body linking means via a ball joint (155) and wherein the first upper joint device and the second upper joint device each have at least two, preferably at least three, degrees of joint freedom (Fig.8).
Regarding claim 15, Yuan further discloses wherein the lower body linking means is designed in such a way that a relative position of the first lower connection point and the second lower connection point can be changed (belt, Para.25), in particular a position of the first lower connection point and/or of the second lower connection point can be changed (optional), further in particular adjusted (optional), in particular independently of one another (optional), laterally or medially relative to the median plane and/or in the anterior direction or in the posterior direction relative to the frontal plane when the aid is worn (Para.25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moise, Pinnock and Ding further disclose elements of a wearable aid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/ASHLEY K ROMANO/Examiner, Art Unit 3652
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