DETAILED ACTION
This Office Action is in response to the amendment filed July 28, 2026. Claims 1, 2, 10 and 12-17 have been amended, claims 19-20 have been cancelled, and claims 21-25 have been newly added. Claims 1-17 and 21-25 are pending.
In response to amendment the 112(b) rejection of claims 12 and 17, the 102(a)(1) rejection of claim 1-3,10 and 11 as being anticipated by Vendali, the 103 rejection of claim 12 and being unpatentable over Vendali in view of Chang, the 103 rejection of claims 1 and 4-7 as being unpatentable over Zhao in view of Murphy, the rejection of claims 8 and 9 as being unpatentable over Zhao in view of Murphy, further in view of Arai, the 103 rejection of claims 13, 14 and 17 as being unpatentable over Change in view of Zhao, and the 103 rejection of claims 15 and 16 as being unpatentable over Chang in view Zhao, further in view of Arai have been withdrawn.
In response to Applicant’s remarks with respect to the interview held July 24, 2026, the Examiner agreed that the proposed claim amendments overcome the previous prior art rejections.
New rejections, however, are being made in view of the previously cited references, as well as in view of U.S. Patent No. 5,203,754 to Maclean and U.S. Patent No. 10,674,774 to Navarro et al.
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) 1-4 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2755725 B1 (“Vendali”).
Regarding claim 1, Vendali discloses a gymnic garment and relevant kit that anticipates Applicant's claimed invention. More specifically, gymnic discloses a garment (constituted by trousers 3, see Figs. 1-7 and 13 and 17) comprising: an exterior side visible when the garment is worn in a wearing configuration (note the visible exterior side in Figs. 1-7, 13 and 17 and see para. [0019]-[0020], [0035] and [0037]; the trousers 3 are shown to comprise an exterior portion being the surface of 3 shown in Fig 16-17); an interior side that is opposed to the exterior side and is predominantly not visible when the garment is worn in the wearing configuration (it is inherent that trousers 3 have an interior, which is the side positioned against the user's body during use); an inner sleeve coupled to the interior side of the garment and having one or more channels formed therein (see para. [0027] which recites “[i]n Fig 3 is shown the channel (32) from the inside. The channel (32) is internally delimited by fabric, for example of the type used to line the pockets and / or in jersey or other convenient type”; thereby forming a sleeve. Further recited in para. [0027] is “[i]n its upper portion, the channel (32) has an opening (30) crossed by the strap (2), which protrudes from the channel (32) inside of the trousers, as shown in the lower part of the drawing”; thus the sleeve has a channel formed therein) and a harness (note the harness shown below; see also Figs. 1, 4-7,13, 16, 17, which only show a small portion of the harness when placed in channel 32 that is visible from an outer surface viewing and see also claim 1), the harness being configured to support an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 17).
Regarding claim 2, Vendali discloses a gymnic garment and relevant kit that anticipates Applicant's claimed invention. More specifically, Vendali discloses a garment (trouser 3), comprising: an exterior side (shown in Fig. 1) visible when the garment is worn in a wearing configuration; an interior side (shown in Fig. 3) that is opposed to the exterior side and is predominantly not visible when the garment is worn in the wearing configuration; a harness (shown below) coupled to the interior side such that the harness is predominantly not visible when the garment is worn in the wearing configuration, the harness being configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 17); and a belt (belt 31) disposed at a top portion of the exterior side (see Fig. 20), the belt being one of a top portion of the harness or coupled to the harness such that the harness extends towards a bottom portion of the garment (see Fig. 3, 4, 19 and 20), wherein the harness comprises: at least one connecting strap (20,21,24) extending approximately vertically towards a bottom portion of the garment (see Fig. 20); and at least one load-bearing strap (belt 31) positioned at an angle (90 degrees) with respect to each connecting strap of the at least one connecting strap, the at least one load-bearing strap being configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 17).
Regarding claim 3, Vendali discloses the garment of claim 2, wherein the garment further comprises: one or more connection points (positioned at 36) disposed on the belt (see Fig. 19).
Regarding claim 4, Vendali discloses the garment of claim 1, wherein the harness comprises: at least one connecting strap extending approximately vertically towards a bottom portion of the garment (note the strap positioned within channel 32, see Figs. 19 and 20); and at least one load-bearing strap positioned at an angle with respect to each connecting strap of the at least one connecting strap (belt 31), the at least one load-bearing strap being configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 17).
Regarding claim 21, Vendali discloses the garment of claim 1, wherein the garment further comprises: a belt (31, see Fig. 20) disposed at a top portion of the exterior side, the belt being one of a top portion of the harness or coupled to the harness such that the harness extends towards a bottom portion of the garment (see Fig. 19 and 20) ; and one or more connection points disposed on the belt (see Fig. 19, the connection points are located at 36).
PNG
media_image1.png
928
331
media_image1.png
Greyscale
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vendali in view of U.S. Patent No. 2019/0282131 (“Chang”).
Regarding claim 12, Vendali discloses the garment of claim 1, except wherein the garment further comprises: one or more sensors coupled to at least one of the exterior side, the interior side, the harness, or, when provided, a belt, the one or more sensors being configured to detect one or more parameters associated with at least one of gait training data or detecting at least one of a fall or instability of a user.
However, Chang discloses a garment in the form an exosuit (200, see Figs. 2A,2B and para. [0089]) comprising a sensor incorporated in the garment (see para. [0039] which recites a powered exosuit system can include several subsystems or layers; in some embodiments, the powered exosuit system can include more or fewer subsystems or layer; the subsystems or layers can include a base layer, a stability layer, a power layer, a sensor) to detect when a fall has occurred (see para. [0244], which recites the system may be used to predict fall risk or detect when a fall has occurred; after surgery, many patients are at high risk of falling because they are not accustomed to the effects of their surgery on their gait; this data may provide deeper insights into why a patient does or does not recover properly; for example, sensors on the foot and/or pelvis can measure the biomechanical characteristics that are highly correlated with falls).
In view of Chang, it would have been obvious to one having ordinary skill in the art before the effective filing date of the presently claimed invention to have modified Vendali such that it includes a sensor in order to detect when a fall has occurred.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5203,754 (“Maclean”) in view of U.S. Patent No. 10,674,774 (“Navarro et al.”)
Regarding claim 13, Maclean discloses at least one of pants or shorts (shown in Fig. 1), comprising: a material; and a harness (20, see Figs. 1-3) coupled to an exterior side of the material (at the waist of the shorts) the harness including: at least one connecting strap (46, 46’ shown in Figs. 1 and 2) extending approximately vertically towards a bottom portion of the at least one of pants or shorts garment (see Figs. 1 and 2); and at least one load-bearing strap (belt 22, see Fig. 2) positioned at an angle with respect to each connecting strap of the at least one connecting strap (see Fig. 1, which shows a 90 degree angle), wherein the harness is configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 1).
Maclean fails to disclose the shorts are constructed from a thin fabric material. However, Navarro et al. in the analogous garment teaches it is known to construct a garment from a thin fabric material (see col. 1, lines 26-32) in order to prevent the reduction in the range of motion during use (col. 1, lines 18-25).
In view of Navarro et al., it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have constructed the shorts of Maclean from a thin fabric material in order to prevent the reduction in the range of motion during use.
PNG
media_image2.png
674
796
media_image2.png
Greyscale
Claim(s) 13, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Zhao.
Regarding claim 13, Chang discloses at least one of pants or shorts (exosuit 200, see para. [0089] and Figs. 2A and 2B; the exosuit comprises a pair of shorts unitarily connected to top), comprising: a thin fabric material (the exosuit which comprises load distribution members, see para. [0040] are constructed from a fabric material, see para. [0042] which discloses that load distribution members may be constructed from cotton/silk; further “thin” is relative terminology, and the Office contends that one having ordinary skill in the art would reasonably consider an exosuit thin since a thick heavy exosuit would be uncomfortable to the user); and a harness (note the harness shown in Fig. 3) coupled to an exterior side of the fabric material the harness (see para. [0043] which discloses a harness may be mounted on the exosuit).
Chang fails to disclose the harness includes at least one connecting strap extending approximately vertically towards a bottom portion of the garment; and at least one load-bearing strap positioned at an angle with respect to each connecting strap of the at least one connecting strap, wherein the harness is configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user.
However, Zhao teaches it is known to construct harnesses that comprise at least one connecting strap extending approximately vertically downwards (see strap 121, 221 shown in Fig. 1 and para [0034]; and at least one load-bearing strap (leg strap 2, see Fig. 1) positioned at an angle (positioned at a right angle) with respect to each connecting strap of the at least one connecting strap, the harness is configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (see para. [0032] which recites this utility model multiple point connection manner, providing the patient with multiple-point support can make the patient more stable in use).
In view of Zhao, it would have been obvious to one having ordinary skill in the art before the effective filing date of the presently claimed invention to have constructed the harness of Chang such that it includes at least one connecting strap extending approximately vertically downwards (see strap 121, 221 shown in Fig. 1 and para [0034]; and at least one load-bearing strap (leg strap 2, see Fig. 1) positioned at an angle (positioned at a right angle) with respect to each connecting strap of the at least one connecting strap for the purpose of providing the user with multiple-point support that can make the patient more stable during use (see para. [0032] of Zhao).
Regarding claim 14, modified Chang discloses the at least one of pants or shorts of claim 13, wherein the at least one connecting strap comprises a first connecting strap extending approximately vertically towards a bottom portion of a first leg of the at least one of pants or shorts (see strap 121 and Fig. 1 of Zhao; once Chang is combined with Zhao, the combination allows for strap 121 to extend vertically downward toward a bottom portion of a first leg of the exosuit) and a second connecting strap extending approximately vertically towards a bottom portion of a second leg of the at least one of pants or shorts (see strap 221 and Fig. 1 of Zhao; once Chang is combined with Zhao, the combination allows for strap 221 to extend vertically downward toward a bottom portion of a first leg of the exosuit), and wherein the at least one load-bearing strap comprises a first load-bearing strap positioned at an angle with respect to the first connecting strap and disposed within the first leg and a second load-bearing strap positioned at an angle with respect to the second connecting strap and disposed within the second leg (see Fig.1 of Zhao and note the two leg straps 2 that are positioned at an approximate 90 degrees with respect to straps 121 and 221; thus, once combined Chang with Zhao, the combination allows for the two leg straps 2 that are positioned at an approximate 90 degrees with respect to straps 121 and 221).
Regarding claim 17, modified Chang discloses the at least of pants or shorts of claim 13, further comprising: one or more sensors coupled to at least one of the thin fabric material, the harness, or, when provided, a belt, the one or more sensors being configured to detect one or more parameters associated with at least one of gait training data or detecting at least one of a fall or instability of a user (Chang discloses the exosuit 200 may comprise a sensor incorporated in the garment, see para. [0039] which recites a powered exosuit system can include several subsystems or layers; in some embodiments, the powered exosuit system can include more or fewer subsystems or layer; the subsystems or layers can include a base layer, a stability layer, a power layer, a sensor; the sensor may detect when a fall has occurred, see para. [0244], which recites the system may be used to predict fall risk or detect when a fall has occurred; after surgery, many patients are at high risk of falling because they are not accustomed to the effects of their surgery on their gait; this data may provide deeper insights into why a patient does or does not recover properly; for example, sensors on the foot and/or pelvis can measure the biomechanical characteristics that are highly correlated with falls).
Claim(s) 13 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vendali in view of Navarro et al.
Regarding claim 13, Vendali discloses a gymnic garment and relevant kit that substantially discloses Applicant’s claimed invention. More specifically, Vendali discloses at least one of pants or shorts (trousers 3), comprising: a fabric material (see para. [0032]; and a harness (see the harness shown above) coupled to an exterior side of the fabric material (via belt 31), the harness including: at least one connecting strap (20,21,24) extending approximately vertically towards a bottom portion of the at least one of pants or shorts garment; and at least one load-bearing strap (belt 2) positioned at an angle with respect to each connecting strap (see the harness above) of the at least one connecting strap, wherein the harness is configured to support an entirety of body weight of a user without additional equipment coupled to the harness to provide support for the body weight of the user (the Office contends that during use, the garment supports an entirety of body weight of a user without additional equipment to the harness to provide support for the body weight of the user, see at least Fig. 17).
Vendali fails to teach the fabric material is thin. However, Navarro et al. in the analogous garment teaches it is known to construct a garment from a thin fabric material (see col. 1, lines 26-32) in order to prevent the reduction in the range of motion during use.
In view of Navarro et al., it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have constructed the pants of Vendali from a thin fabric material in order to prevent the reduction in the range of motion during use (lines 18-25).
Regarding claim 23, modified Vendali discloses the at least one of pants or shorts of claim 13, further comprising an inner sleeve coupled to an interior side of the at least one of pants or shorts, the inner sleeve having one or more channels formed therein, and the harness disposed in the one or more channels of the inner sleeve (see para. [0027] which recites “[i]n Fig 3 is shown the channel (32) from the inside. The channel (32) is internally delimited by fabric, for example of the type used to line the pockets and / or in jersey or other convenient type”; thereby forming a sleeve. Further recited in para. [0027] is “[i]n its upper portion, the channel (32) has an opening (30) crossed by the strap (2), which protrudes from the channel (32) inside of the trousers; therefore, a portion of the identified harness is disposed in the channel).
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Zhao as applied to claim 13 above, and further in view of Arai.
Regarding claim 15, modified Chang discloses the at least one of pants or shorts of claim 14, wherein the at least one load-bearing strap further comprises: a third load-bearing strap positioned at an angle with respect to the first connecting strap and disposed within the first leg, and a fourth load-bearing strap positioned at an angle with respect to the second connecting strap and disposed within the second leg.
However, Arai in its disclosure of an analogous harness teaches it is known to provide a harness (12) with at least one load bearing strap (25, see Figs. 1-2 and para. [0052]-[0058]), wherein the at least one load-bearing strap further comprises a third load-bearing strap positioned at an angle with respect to a first connecting strap (see Figs. 1 and 2 which show on the left side, top and bottom strap 25); and a fourth load-bearing strap positioned at an angle with respect to a second connecting strap (see Figs. 1 and 2 which show on the right side, a top strap/bottom strap 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided modified Zhao with third and fourth load-bearing straps taught by Arai, in order to achieve the predictable result of improving the stabilization and support of the load-bearing straps. Applicants should note that the third and fourth straps once integrated into harness of modified Zhai would be disposed within the first and second leg of the garment, respectively.
Regarding claim 16, modified Chang discloses the at least one of pants or shorts of claim 15, except wherein the angles at which the first load-bearing strap and the third load-bearing strap are positioned with respect to the first connecting strap and the angles at which the second load-bearing strap and the fourth load-bearing strap are positioned with respect to the second connecting strap are each non-orthogonal such that the first and third load-bearing straps extending from the first connecting strap and the second and fourth load-bearing straps extending from the second connecting strap are in a substantial V-shape.
However, Arai additionally teaches the angles at which the first load-bearing strap and the third load-bearing strap are positioned with respect to the first connecting strap and the angles at which the second load-bearing strap and the fourth load-bearing strap are positioned with respect to the second connecting strap are each non-orthogonal such that the first and third load-bearing straps extending from the first connecting strap and the second and fourth load-bearing straps extending from the second connecting strap are in a substantial V-shape (see Fig. 2 which shows the straps connecting to belts 25 form a V-shape).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have additionally modified Chang by the angles at which the first load-bearing strap and the third load-bearing strap are positioned with respect to the first connecting strap and the angles at which the second load-bearing strap and the fourth load-bearing strap are positioned with respect to the second connecting strap are each non-orthogonal such that the first and third load-bearing straps extending from the first connecting strap and the second and fourth load-bearing straps extending from the second connecting strap in a substantial V-shape in order to achieve the predictable result of improving the connection of the load-bearing straps to the connecting straps.
Allowable Subject Matter
Claims 5-9 and 22 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 the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does teach or fairly suggest the features of dependent claims 5-9 in combination with the claims upon which they depend; namely, claims 1 or 2 or 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KIM M LEWIS whose telephone number is (571)272-4796. The examiner can normally be reached Monday -Friday 5:30 am -11:30 am.
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, Alireza Nia can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIM M LEWIS/Primary Examiner, Art Unit 3786
Prosecution Insights