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 § 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.
Claims 1-6, 9-14, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2023080417 A1) in view of Han (U.S 2012/0259431 A1).
Regarding claim 1, Kim discloses an exercise assistance method for a wearable device based on ground inclination, the method comprising:
determining ground inclination in a direction in which the wearable device worn by the user moves based on sensor data (Paragraph 0122-0125 and 0129, a ground slope can be determined to augment the level of exercise load, the slope being estimated by barometric sensor data; also see Paragraph 0041 regarding barometric pressure sensor);
determining whether a ground surface in the direction in which the wearable device moves is downward inclination or upward inclination based on the ground inclination (Paragraph 0123-0125; The device can detect an increasing/uphill or decreasing/downhill slope);
when the ground surface is the downward inclination or the upward inclination, determining target exercise load to achieve a target exercise amount of an exercise program based on the ground inclination (Paragraph 0124, a target heart rate can be determined and exercise load adjusted; The compensation can be adjusted on flat terrain, but also according to incline/decline, where the natural corresponding increase/decrease in exercise load can be offset by changing the resistance or auxiliary assistive force; also see Paragraph 0122-0123 and 0140).
Kim is silent regarding specifically adjusting at least one of current target exercise speed set to the exercise program and current exercise intensity set to the exercise program, based on a determined target exercise speed.
However, Han teaches augmenting exoskeleton torque and impedance to adjust a current walking speed to achieve a target walking speed (Paragraph 0017), the augmentation also being based on a terrain slope (Paragraph 0016, 0018-0021).
Kim also teaches wherein the device can determine and adjust the speed/intensity of an exercise to meet a target exercise speed for reaching a target heart rate (Paragraph 0129-0130; A target exercise speed, walking speed or repetition rate of stationary exercises can be determined/set to achieve a target heart rate; The user is guided towards the target speed).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include adjusting the current exercise speed based on a determined target exercise speed, such as that taught by Han and Kim, in order to guide the user to maintaining the desired muscle load and heart rate of an exercise regimen (Paragraph 0129-0130 and 0125, 0140 of Kim) and to achieve a constant metabolic economy across varying terrain during the exercise (Paragraph 0017, 0018-0021 of Han).
Regarding claim 2, Kim discloses the method of claim 1.
Kim further discloses when the ground surface is upward inclination and a level of the ground inclination is greater than or equal to a threshold value (Paragraph 0122-0125; The device can delineate between negative/neutral/positive slopes and thus must have a threshold value to trigger the augmentation of adaptive assistance according to the different types of slopes), determining target exercise speed to have a value that is less than the current target exercise speed of the exercise program (Paragraph 0122-0125 and 0129-0130; On a positive slope the natural exercise load and heart rate will likely increase. The exercise speed can be adjusted/guided to maintain the target heart rate and thus the target can be reduced during uphill slopes when the heart rate will naturally elevate).
Regarding claim 3, Kim discloses the method of claim 1.
Kim further discloses when the ground surface in the direction in which the wearable device moves is downward inclination and a level of the ground inclination is comprised in a threshold range (Paragraph 0122-0125; The device can delineate between negative/neutral/positive slopes, and different magnitudes of slopes, and thus must have a threshold range to trigger the augmentation of adaptive assistance according to the different types of slopes), determining target exercise speed to have a value that is greater than the current target exercise speed of the exercise program (Paragraph 0122-0125 and 0129-0130; On a negative slope the natural exercise load and heart rate will likely decrease. The exercise speed can be adjusted/guided to maintain the target heart rate and thus the target can be increased during uphill slopes when the heart rate will naturally lower).
Regarding claim 4, Kim discloses the method of claim 1.
Kim further discloses wherein the adjusting of at least one of the current target exercise speed and the current exercise intensity comprises changing the current target exercise speed set to the exercise program to the determined target exercise speed (Paragraph 0122-0125 and 0129-0130; The user can be guided towards a target exercise speed, and thus is guided to adjust the current speed to the target speed).
Han also further teaches changing the current target exercise speed set to the exercise program to the determined target exercise speed (Paragraph 0017, the augmentation torque/impedance are adjusted to achieve a target walking speed).
Regarding claim 5, Kim discloses the method of claim 1.
Kim is silent regarding when the ground surface is upward inclination and the determined target exercise speed is less than or equal to predetermined low exercise speed, adjusting the current target exercise speed set to the exercise program to a low speed and lowering the exercise intensity set to the exercise program.
However, Kim teaches lowering the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently below the target rate for a duration of time (Paragraph 0150; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim teaches wherein this reduction in heart rate can indicate fatigue and to reduce the target heart rate and intensity of the exercise (Paragraph 0151-0153). Kim also teaches augmenting exercise load to maintain/achieve the heart rate during terrain slope changes (Paragraph 0144 and 0121).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is below a low exercise speed and setting a lower exercise intensity, such as that taught by Kim, in order to adjust the exercise according to the fatigue level of the user (Paragraph 0150-0153) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Regarding claim 6, Kim discloses the method of claim 1.
Kim is silent regarding when the ground surface is downward inclination and the determined target exercise speed is greater than or equal to predetermined high exercise speed, adjusting the current target exercise speed set to the exercise program to the high exercise speed and increasing the exercise intensity set to the exercise program.
However, Kim teaches raising the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently above the target rate for a duration of time (Paragraph 0152; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim also teaches augmenting exercise load to maintain/achieve heart rate during terrain slope changes (Paragraph 0144 and 0121).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is greater than a low exercise speed and setting a higher exercise intensity, such as that taught by Kim, in order to adjust to a user’s desire to perform more intense exercise (Paragraph 0152) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Regarding claim 9, Kim discloses the method of claim 1.
Kim further discloses wherein a magnitude of a force provided to the user by the wearable device varies depending on adjustment of the exercise intensity (Paragraph 0120-0126; The magnitude of the assistive force is based on the exercise intensity and natural exercise load from the slopes).
Regarding claim 10, Kim discloses an electronic device comprising:
at least one processor comprising processing circuitry (Paragraph 0065-0066, a control unit 340 includes a processor 342); and
a communication module, comprising communication circuitry, configured to communicate with a wearable device under control of the at least one processor (Paragraph 0003 and Paragraph 0078, the communication module 352 can communicate with the wearable device 300, the device 300 including the processor),
wherein the at least one processor is collectively and/or individually configured to:
when the wearable device operates in an exercise mode for assisting exercise of a user, determine target exercise load to achieve a target exercise amount of an exercise program based on ground inclination in a direction in which the wearable device moves (Paragraph 0124, a target heart rate can be determined and exercise load adjusted; The compensation can be adjusted on flat terrain, but also according to incline/decline, where the natural corresponding increase/decrease in exercise load can be offset by changing the resistance or auxiliary assistive force; also see Paragraph 0122-0123 and 0140).
Kim is silent regarding specifically adjusting at least one of current target exercise speed of the wearable device and exercise intensity currently set to the wearable device based on the determined target exercise speed.
However, Han teaches augmenting exoskeleton torque and impedance to adjust a current walking speed to achieve a target walking speed (Paragraph 0017), the augmentation also being based on a terrain slope (Paragraph 0016, 0018-0021).
Kim also teaches wherein the device can determine and adjust the speed/intensity of an exercise to meet a target exercise speed for reaching a target heart rate (Paragraph 0129-0130; A target exercise speed, walking speed or repetition rate of stationary exercises can be determined/set to achieve a target heart rate; The user is guided towards the target speed).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include adjusting the current exercise speed based on a determined target exercise speed, such as that taught by Han and Kim, in order to guide the user to maintaining the desired muscle load and heart rate of an exercise regimen (Paragraph 0129-0130 and 0125, 0140 of Kim) and to achieve a constant metabolic economy across varying terrain during the exercise (Paragraph 0017, 0018-0021 of Han).
Regarding claim 11, Kim discloses the method of claim 10.
Kim further discloses when the ground surface is upward inclination and a level of the ground inclination is greater than or equal to a threshold value (Paragraph 0122-0125; The device can delineate between negative/neutral/positive slopes and thus must have a threshold value to trigger the augmentation of adaptive assistance according to the different types of slopes), determining target exercise speed to have a value that is less than the current target exercise speed of the exercise program (Paragraph 0122-0125 and 0129-0130; On a positive slope the natural exercise load and heart rate will likely increase. The exercise speed can be adjusted/guided to maintain the target heart rate and thus the target can be reduced during uphill slopes when the heart rate will naturally elevate).
Regarding claim 12, Kim discloses the method of claim 10.
Kim is silent regarding when the ground surface is upward inclination and the determined target exercise speed is less than or equal to predetermined low exercise speed, adjusting the current target exercise speed set to the exercise program to a low speed and lowering the exercise intensity set to the exercise program.
However, Kim teaches lowering the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently below the target rate for a duration of time (Paragraph 0150; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim teaches wherein this reduction in heart rate can indicate fatigue and to reduce the target heart rate and intensity of the exercise (Paragraph 0151-0153). Kim also teaches augmenting exercise load to maintain/achieve the heart rate during terrain slope changes (Paragraph 0144 and 0121).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is below a low exercise speed and setting a lower exercise intensity, such as that taught by Kim, in order to adjust the exercise according to the fatigue level of the user (Paragraph 0150-0153) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Regarding claim 13, Kim discloses the method of claim 10.
Kim further discloses when the ground surface in the direction in which the wearable device moves is downward inclination and a level of the ground inclination is comprised in a threshold range (Paragraph 0122-0125; The device can delineate between negative/neutral/positive slopes, and different magnitudes of slopes, and thus must have a threshold range to trigger the augmentation of adaptive assistance according to the different types of slopes), determining target exercise speed to have a value that is greater than the current target exercise speed of the exercise program (Paragraph 0122-0125 and 0129-0130; On a negative slope the natural exercise load and heart rate will likely decrease. The exercise speed can be adjusted/guided to maintain the target heart rate and thus the target can be increased during uphill slopes when the heart rate will naturally lower).
Regarding claim 14, Kim discloses the method of claim 10.
Kim is silent regarding when the ground surface is downward inclination and the determined target exercise speed is greater than or equal to predetermined high exercise speed, adjusting the current target exercise speed set to the exercise program to the high exercise speed and increasing the exercise intensity set to the exercise program.
However, Kim teaches raising the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently above the target rate for a duration of time (Paragraph 0152; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim also teaches augmenting exercise load to maintain/achieve heart rate during terrain slope changes (Paragraph 0144 and 0121).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is greater than a low exercise speed and setting a higher exercise intensity, such as that taught by Kim, in order to adjust to a user’s desire to perform more intense exercise (Paragraph 0152) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Regarding claim 17, Kim discloses the method of claim 10.
Kim further discloses a display module, comprising a display, configured to provide map data showing an exercise path of a user (see Fig. 1 and Paragraph 0116; An electronic device such as a phone can receive information about a path where a user intends to perform exercise; The device can recommend an exercise program for the intended environment for the user to select on the display).
Kim is silent regarding displaying performance of the exercise program and a section in which target exercise speed is adjusted based on the ground inclination in the exercise path.
However, Kim also teaches wherein the electronic device may suggest a user with lowering/raising exercise intensity according to fatigue/energy levels (Paragraphs 0150-0153). Kim further teaches wherein the electronic device can set exercise intervals and exercise loads which determine control parameters along the environment/path selected (Paragraph 0026, 0116) and according to changes in slope along the path (Paragraph 0122-0123). Kim also teaches wherein information about the walking state of the user can be output through a display of an accessory device (Paragraph 0024).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to have included displaying exercise program performance and adjustments to target exercise speed based on ground inclination, such as that taught by Kim, in order to provide the user with feedback regarding walking state and exercise changes (Paragraph 0024, 0150-0153; also see Paragraph 0116).
Regarding claim 18, Kim discloses a wearable device, comprising:
a driving module, comprising a motor, configured to generate torque (Paragraph 0066 and 0073-0075, driving unit 310 includes a motor 314 which generates torque for the legs to assist walking);
a torque transmission frame configured to transmit the generated torque to a leg of a user (Fig. 3, Paragraph 0065 and 0204; A main frame is secured to the body to transmit force from the motors to the legs; A bar extends between 310 and the thigh strap portion);
a thigh fastener connected to the torque transmission frame and configured to connect the torque transmission frame to the leg of the user (Fig. 3 and Paragraph 0204, force is transmitted from the motor, through a bar/arm frame and to a thigh strap to drive the legs); and
at least one processor, comprising processing circuitry (Paragraph 0065-0066, a control unit 340 includes a processor 342), individually and/or collectively configured to:
when the wearable device operates in an exercise mode for assisting exercise of a user, determine target exercise load to achieve a target exercise amount of an exercise program performed by the wearable device based on ground inclination in a direction in which the wearable device moves (Paragraph 0124, a target heart rate can be determined and exercise load adjusted; The compensation can be adjusted on flat terrain, but also according to incline/decline, where the natural corresponding increase/decrease in exercise load can be offset by changing the resistance or auxiliary assistive force; also see Paragraph 0122-0123 and 0140).
Kim is silent regarding specifically adjusting at least one of current target exercise speed of the wearable device and exercise intensity currently set to the wearable device based on the determined target exercise speed.
However, Han teaches augmenting exoskeleton torque and impedance to adjust a current walking speed to achieve a target walking speed (Paragraph 0017), the augmentation also being based on a terrain slope (Paragraph 0016, 0018-0021).
Kim also teaches wherein the device can determine and adjust the speed/intensity of an exercise to meet a target exercise speed for reaching a target heart rate (Paragraph 0129-0130; A target exercise speed, walking speed or repetition rate of stationary exercises can be determined/set to achieve a target heart rate; The user is guided towards the target speed).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include adjusting the current exercise speed based on a determined target exercise speed, such as that taught by Han and Kim, in order to guide the user to maintaining the desired muscle load and heart rate of an exercise regimen (Paragraph 0129-0130 and 0125, 0140 of Kim) and to achieve a constant metabolic economy across varying terrain during the exercise (Paragraph 0017, 0018-0021 of Han).
Regarding claim 19, Kim discloses the method of claim 18.
Kim is silent regarding when the ground surface is upward inclination and the determined target exercise speed is less than or equal to predetermined low exercise speed, adjust the current target exercise speed set to the exercise program to the low exercise speed and lower the exercise intensity set to the exercise program, and a magnitude of torque generated by the motor decreases by decreasing the exercise intensity.
However, Kim teaches lowering the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently below the target rate for a duration of time (Paragraph 0150; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim teaches wherein this reduction in heart rate can indicate fatigue and to reduce the target heart rate and intensity of the exercise (Paragraph 0151-0153). Kim also teaches augmenting exercise load to maintain/achieve the heart rate during terrain slope changes (Paragraph 0144 and 0121). Furthermore, Kim teaches decreasing resistive torque to decrease the exercise intensity (Paragraph 0140; To make the exercise less intense for uphill slopes, the magnitude of the resistance force may decrease; Alternatively, the assistive force could decrease to prompt slower exercise speed).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is below a low exercise speed and setting a lower exercise intensity, such as that taught by Kim, in order to adjust the exercise according to the fatigue level of the user (Paragraph 0150-0153) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Regarding claim 20, Kim discloses the method of claim 18.
Kim is silent regarding when the ground surface is downward inclination and the determined target exercise speed is greater than or equal to predetermined high exercise speed, adjust the current target exercise speed set to the exercise program to the high exercise speed and increase the exercise intensity set to the exercise program, and a magnitude of torque generated by the motor increases by increasing the exercise intensity.
However, Kim teaches raising the target heart rate, and thus a corresponding exercise speed, if the current heart rate is persistently above the target rate for a duration of time (Paragraph 0152; also see Paragraph 0129 regarding guiding exercise speed to achieve a target heart rate). Kim also teaches augmenting exercise load to maintain/achieve heart rate during terrain slope changes (Paragraph 0144 and 0121). Furthermore, Kim teaches increasing resistive torque to increase the exercise intensity (Paragraph 0140; To make the exercise more intense for downhill slopes, the magnitude of the resistance force may increase; Alternatively, the assistive force could increase to prompt the faster exercise speed).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include determining a target exercise speed is greater than a high exercise speed and setting a higher exercise intensity, such as that taught by Kim, in order to adjust to a user’s desire to perform more intense exercise (Paragraph 0152) and to adjust the exercise load according to the slope to maintain a target heart rate (Paragraph 0144 and 0121).
Claims 7-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2023080417 A1) in view of Han (U.S 2012/0259431 A1), as applied to claims 1 and 10, in further view of Yang (WO 2021047686 A1).
Regarding claim 7, Kim discloses the method of claim 1.
Kim is silent regarding when the ground surface is downward inclination and a level of the ground inclination is greater than a threshold value, adjusting the current target exercise speed set to the exercise program to predetermined low exercise speed.
However, Yang teaches an exosuit wherein when a level of the ground inclination is greater than a threshold value, reducing/stopping the actuation of the exosuit for safety and prevention of falling (Paragraphs 0009 and 0028).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include reducing exercise speed when a level of the ground inclination is greater than a threshold value, such as that taught by Yang, in order to ensure safety to the user by not driving motion when the angle is steep (Paragraph 0028).
Regarding claim 8, Kim discloses the method of claim 7.
Yang further teaches when the ground surface is downward inclination and the level of the ground inclination is greater than or equal to the threshold value, lowering the current exercise intensity set to the exercise program and/or adjusting the current exercise intensity to reference exercise intensity (see Paragraph 0028; When the threshold safety angle is exceeded, the device prompts a cessation of movement; It is noted that applicant defines a ‘reference exercise intensity’ as a zero intensity and thus is also a cessation of movement/assistance).
Regarding claim 15, Kim discloses the method of claim 10.
Kim is silent regarding when the ground surface is downward inclination and a level of the ground inclination is greater than a threshold value, adjusting the current target exercise speed set to the exercise program to predetermined low exercise speed.
However, Yang teaches an exosuit wherein when a level of the ground inclination is greater than a threshold value, reducing/stopping the actuation of the exosuit for safety and prevention of falling (Paragraphs 0009 and 0028).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include reducing exercise speed when a level of the ground inclination is greater than a threshold value, such as that taught by Yang, in order to ensure safety to the user by not driving motion when the angle is steep (Paragraph 0028).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2023080417 A1) in view of Han (U.S 2012/0259431 A1), as applied to claim 10, in further view of Bujanda (U.S 2021/0007874 A1).
Regarding claim 16, Kim discloses the method of claim 10.
Kim is silent regarding when the user ascends or descends stairs based on the ground inclination, adjust the current target exercise speed set to the exercise program to predetermined low exercise speed and adjust the current exercise intensity set to the exercise program to "0".
Bujanda teaches determining when the user ascends or descends stairs and adjusting the current assistance and intensity of exercise to 0 (Paragraph 0120, 0243 and 0274; The assistive force can preferably not be applied when it may hinder motions such as going up/down stairs; The different activities can be classified based on posture detection and can define which ones to be supported).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Kim to include reducing exercise intensity to zero during ascending/descending of stairs, such as that taught by Bujanda, in order to prevent hindering of movements and coordination during climbing of stairs (Paragraph 0120, 0243 and 0274).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM.
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785