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 § 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benda et al (9248071).
In regards to Claim 1, Benda teaches a gait trainer comprising:
a user support assembly disposed on a base, the user support assembly comprising:
a horizontal support configured to seat a user of the gait trainer; and
an actuator attached to the horizontal support, wherein the actuator is configured to articulate at least a portion of the horizontal support from a horizontal configuration into a vertical configuration (from figure 1 to figure 2);
a kinematic assembly configured to transmit a physical input from the user of the gait trainer to a flywheel (Detail 124) of the kinematic assembly; and
a restraint configured to constrain the user within the user support assembly during use of the gait trainer (Column 8, lines 13-16).
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In regards to Claim 2, Benda teaches the base comprises:
a middle portion;
a first outer portion detachably attached to the middle portion; and
a second outer portion detachably attached to the middle portion;
wherein the first outer portion and second outer portion are detachable such that a width-profile of the gait trainer is reduced (Figure 3).
In regards to Claim 3, Benda teaches the horizontal support comprises:
an inclining portion; and
a stationary portion;
wherein the actuator is configured to incline the inclining portion from the horizontal configuration into the vertical configuration, or to a configuration anywhere between the horizontal configuration and the vertical configuration (from Figure 1 to Figure 2 shows the configuration differences);
wherein the gait trainer is configured to be used by the user in a standing position when the inclining portion is in the vertical configuration; and
wherein the gait trainer is configured to be used by the user in a sitting position when the inclining portion is in the horizontal configuration (intended use).
In regards to Claim 4, Benda teaches the horizontal support comprises an adjustment mechanism configured to adjust at least one of a vertical distance of the horizontal support from the base, or a lateral distance of the horizontal support from a terminal end of the gait trainer (Detail 222).
In regards to Claim 5, Benda teaches the kinematic assembly comprises:
a pair of foot pedals (Details 150, 154);
a pair of guides coupled to the pair of foot pedals (Details 216, 218), wherein the guides are configured to facilitate a movement of the foot pedals that imitates an ambulatory gait pattern; and
a pair of stride adjusters for adjusting the length of the ambulatory gait pattern (Abstract, adjustable stride).
In regards to Claim 6, Benda teaches the imitated ambulatory gait pattern comprises a heel-strike position and a toe push-off position (intended use).
In regards to Claim 7, Benda teaches the kinematic assembly comprises:
a kinematic assembly actuator configured to raise or lower a height of a crankshaft of the kinematic assembly with respect to the base (Detail 190).
In regards to Claim 8, Benda teaches the restraint further comprises:
a harness configured to constrain the user to a vertical support of the user support assembly (Column 8, lines 13-16); and
an exoskeleton (Details 278, 280) configured to constrain the user from lateral movement.
In regards to Claim 9, Benda teaches the exoskeleton comprises an inner portion coupled to an interior of the user's legs (Details 278, 280).
In regards to Claim 10, Benda teaches the exoskeleton comprises an exterior portion coupled to an exterior of the user's legs (Details 278, 280).
In regards to Claim 11, Benda teaches a gait trainer comprising:
a base;
a user support assembly disposed on the base, the user support assembly comprising:
a horizontal support configured to support a user of the gait trainer;
wherein within a first configuration of the user support assembly the horizontal support and base are parallel to one another (Figure 1);
wherein within a second configuration of the user support assembly the horizontal support and base are angled relative to each another (Figure 2); and
wherein a portion of the horizontal support is configured to articulate from a first orientation corresponding to the first configuration or a second orientation corresponding to the second configuration, to an intermediate orientation corresponding to an intermediate configuration of the user support assembly, wherein the intermediate orientation is between the first orientation and the second orientation (can be positioned in at any angle between horizontal and vertical); and
a kinematic assembly configured to transmit a physical input from the user of the gait trainer to a flywheel (Detail 124) of the kinematic assembly.
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In regards to Claim 12, Benda teaches within the intermediate orientation the portion of the horizontal support is articulated between 0 degrees and 90 degrees from the first orientation (Figures 1 to 2).
In regards to Claim 13, Benda teaches the first configuration is a seated configuration of the gait trainer; wherein the second configuration is a standing configuration of the gait trainer (Figures 1 to 2).
In regards to Claim 14, Benda teaches an exoskeleton configured to constrain the user of the gait trainer from lateral movement (Details 278, 280).
In regards to Claim 15, Benda teaches a control system configured to enable the user to transition the gait trainer from the first configuration or the second configuration to the intermediate configuration (Figure 10).
In regards to Claim 16, Benda teaches the horizontal support comprises:
an inclining portion (Detail 160) comprising a T-shape; and
a stationary portion (Detail 162);
wherein the inclining portion is configured to incline from the first orientation to the second orientation, and
wherein when the inclining portion is disposed in a second configuration, the inclining portion does not engage with legs of the user during use of the gait trainer.
In regards to Claim 17, Benda teaches a gait trainer comprising:
a user support assembly disposed on a base and configured to support a user of the gait trainer;
a kinematic assembly disposed on the base, the kinematic assembly comprising:
a flywheel (Detail 124);
a linkage mechanism (Details 236, 238) operatively connected to the flywheel; and
a pair of foot pedals (Details 150, 154) operatively attached to the linkage mechanism;
wherein the linkage mechanism is configured to transmit a physical input from the pair of foot pedals to the flywheel of the kinematic assembly; and
wherein a movement pattern of the kinematic assembly is configured to simulate a natural ambulatory gait pattern (Abstract).
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In regards to Claim 18, Benda teaches the movement pattern comprises:
a first configuration of the kinematic assembly configured to simulate a heel-strike motion of an ambulatory gait pattern; and
a second configuration of the kinematic configured to simulate a toe push-off motion of an ambulatory gait pattern (intended use).
In regards to Claim 19, Benda teaches the movement pattern further comprises a continuous transition motion between the first configuration and the second configuration, or between the second configuration and the first configuration (intended use).
In regards to Claim 20, Benda teaches the kinematic assembly further comprises a resistance system (Detail 128) operatively connected to the flywheel, the resistance system configured to vary the resistance applied to the flywheel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
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