DETAILED ACTION
This Office action is based on the amendments and arguments for application 18/773,871 filed May 10, 2026. Claims 6 and 18 have been amended; claims 1-20 are currently pending.
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 . 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.
Response to Arguments
Applicant’s arguments filed May 10, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that the balls (124, 127) disclosed by Pelland are not analogous to the claimed protruding region, the examiner disagrees. Independent claim 1 recites the “the first and second link parts each comprises … a protruding region protruding downward from the base region” while independent claim 16 recites “the first and second link parts each comprises … a protruding region protruding from the base region”. Pelland discloses that “each vertebra component 121 and 126, respectively, has a ball and socket-like joint configuration comprised of an upper vertebra component “ball” 124, a lower vertebra component “ball” 127” (¶ 0067) such that the first and second link parts (vertebral components 121, 126) each comprises a protruding region (balls 124, 127) as claimed which are clearly illustrated as protruding downward from a base region of each link part (121, 126) (Figs. 4a).
In response to Applicant’s argument that the spinal cord (210) disclosed by Pelland is not connected to the balls (124, 127), the examiner disagrees. Independent claim 1 recites “a second wire part having a first side connected to the base region of the second link part and a second side connected to the protruding region of the first link part” and independent claim 16 recites “a second wire part having a first second-wire-part end connected to the base region of the second link part and a second second-wire-part end connected to the protruding region of the first link part”. Pelland discloses “each upper vertebra component 121 and each lower vertebra component 126 is designed and manufactured with a hole or aperture running through the center 117a of the upper vertebra component 121, and a hole or aperture running through the center 117b of the lower vertebra component 126” and “the Spinal Cord 210 runs through the center channel of the Spine” (¶ 0068), wherein the center channels (117a, 117b) are shown extending through the balls (124, 127), respectively (Figs. 4a-4b). Therefore, the second wire part (spinal cord 210) has a first end linked to a base region of the second link part (vertebra component 126) through the central channel (117b) and the second wire part (210) has a second end linked to the protruding region (ball 124) of the first link part (vertebra component 121) through the central channel (117a). Further, the term “connected” has been given the broadest reasonable interpretation of being joined or linked together. As such, the spinal cord (210) is connected to the vertebra components (121, 126) as claimed. It is noted that the rejected claims do not include a narrower limitation regarding how the second wire part is connected to the first and second link parts. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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, 2, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pelland et al. (US 2014/0305982).
Regarding claim 1, Pelland discloses a device (load distribution system 10) capable of assisting muscular strength (Fig. 1; ¶ 0015 & 0057), the device (10) comprising:
a support part (frame sheet 110/110’ + belt bracket 130) including a section extending along a straight or curved line (Figs. 1-2b; ¶ 0057-0058);
link parts (vertebra 125) including a first link part (upper vertebra component 121) having one side fixed to the support part (110/110’+130) and a second link part (lower vertebra component 126) provided below the first link part (121) (Figs. 4a-4b; ¶ 0066-0067); and
wire parts (tubes 128/129, spinal cord 210) configured to connect the first link part (121) and the second link part (126) (Figs. 4a-4b; ¶ 0068);
wherein the first and second link parts (121, 126) each comprise a base region and a protruding region (ball 124/127) protruding downwardly from the base region (Figs. 4a-4b; ¶ 0067); and
wherein the wire parts (128/129, 210) comprise a first wire part (tubes 128/129) having a first side connected to the base region of the first link part (121) and a second side connected to the base region of the second link part (126), and a second wire part (spinal cord 210) having a first side connected to the base region of the second link part (126) and a second side connected to the protruding part (124) of the first link part (121) (Figs. 4a-4b; ¶ 0068).
Regarding claim 2, Pelland discloses that when a direction in which the first link part (121) and the second link part (126) face the support part (110/110’+130) is defined as a forward direction, the first wire part (128/129) comprises a first-first wire part (tube 128) configured to connected a front region of the base region of the first link part (121) and a front region of the second base region of the second link part (126), and a first-second wire part (tube 129) provided to face the first-first wire part (128) with the protruding region (124) of the first link part (121) interposed therebetween (Figs. 4a-4b).
Regarding claim 15, Pelland discloses that the support part (110/110’+130) is configured to be tightly attached to or in contact with a wearer’s waist (via belt 150) (Fig. 1; ¶ 0057 & 0063).
Regarding claim 16, Pelland discloses a support device (load distribution system 10) capable of assisting muscular strength (Fig. 1; ¶ 0015 & 0057), the device (10) comprising:
a support part (frame sheet 110/110’ + belt bracket 130) (Figs. 1-2b; ¶ 0057-0058);
a first link part (upper vertebra component 121) (Figs. 4a-4b; ¶ 0066-0067);
a second link part (lower vertebra component 126) adjacent the first link part (121) (Figs. 4a-4b; ¶ 0066-0067);
wherein the first and second link parts (121, 126) each comprise a base region and a protruding region (ball 124/127) protruding from the base region (Figs. 4a-4b; ¶ 0067);
wherein the first link part (121) has a first first-link-part side of the base region of the first link part (121) that attached to the support part (110/110’+130), and wherein the second link part (126) has a first second-link-part side of the base region of the second link part (126) that is attached to the support part (110/110’+130) at a position spaced apart from where the first first-link-part side of the first link part is attached to the support part (110/110’+130) (Fig. 1); and
wire parts (tubes 128/129, spinal cord 210) connecting the first link part (121) to the second link part (126) (Figs. 4a-4b; ¶ 0068);
wherein the wire parts (128/129, 210) comprise a first wire part (tubes 128/129) having a first first-wire-part end connected to the base region of the first link part (121) and a second first-wire-part end connected to the base region of the second link part (126), and a second wire part (spinal cord 210) having a first second-wire-part end connected to the base region of the second link part (126) and a second second-wire-part end connected to the protruding part (124) of the first link part (121) (Figs. 4a-4b; ¶ 0068).
Regarding claim 17, Pelland discloses that the protruding region (124/127) extends perpendicularly from the base region, wherein the base region has a through-hole opening (center 117a/117b + socket 122/123) to a top portion of the protruding region (124/127), wherein the second wire part (210) extends over the through-hole opening (117b+123) of the second link part (126), and wherein at least a part of the protruding region (124) of the first link part (121) extends into the though-hole opening (117b+123) of the second link part (126) (Figs. 4a-4b; ¶ 0067-0068).
Allowable Subject Matter
Claims 3-14 and 18 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 base claim 1 and any intervening claims.
Claims 19 and 20 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E. Bredefeld, can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 7/1/2026
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