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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being rejected by Choi (US Pub No.: 2017/0027801).
Regarding claim 21, Choi (US Pub No.: 2017/0027801) discloses an operating method of a wearable apparatus (being device 100 in figures 3 and 4, disclosed as a walking apparatus in [0051]-[0053]), the operating method comprising: recognizing an exercise move of a user based on motion information of the user (determining an amount of exercise based on a bio signal in [0053]); determining torque reference information based on the exercise move of the user (in [0053]); determining torque command information based on the torque reference information and a set factor (in [0053] and [0056]); and outputting a torque based on the torque command information (changing an assistance torque output in [0056]). Examiner notes that the pending application and Choi have similar inventors, but the pending application does not recite Choi (US Pub No.: 2017/0027801) as a parent application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lashkari (US Pub No.: 2020/0306952) considered for a lower body exoskeleton with a torque application in [0004] and [0011]. Lim (US Pub No.: 2020/0214925) considered for a walking assist device in the abstract, with a torque control signal generator part 660.
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/AREN PATEL/Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
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