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 .
Status of Claims
Claims 1-20, as filed on 08/30/2024, are currently pending and considered below.
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 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.
Claims 1-4, 6-10, 12-17, and 19 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20190343670 A1 (Ruprecht et al; henceforth Ruprecht).
Regarding Independent Claim 1, Ruprecht discloses a passive exosuit for asymmetry rehabilitation (“wearable mobility assisting device” Abstract, Figure 1), comprising:
a first article of apparel (right leg limb belt 32) configured to be worn on at least a portion of a first leg (see Figure 1 wherein the limb belt 32 is on a lower end of a thigh of a right leg of the user);
a second article of apparel (“in a preferred configuration of the device, in all modes herein, the device includes… …one or more limb strap assemblies” Paragraph 18; the limb strap is the limb belt, see Paragraph 25; said ‘or more’ limb straps assemblies is a left leg limb belt 32 comprises of identical structures as the right leg limb belt 32) configured to be worn on at least a portion of a second leg (left leg limb belt 32 is configured to be on a lower end of a thigh of the left leg of the user);
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Figure 1
a third article of apparel (torso strap 20 with belt 18) configured to be worn on at least a portion of a torso (see Figure 1 wherein the straps are worn over a portion of the torso);
and a plurality of elastic bands (elastic bands 28; “anchors 30 are slidably locatable to different locations to provide adjustment of force vectors or angle” Paragraph 37; said bands 28 upper ends are capable of being slid along belt 18 at various asymmetric angles) asymmetrically connecting the third article of apparel to the first and second articles of apparel (said bands 28 are offset from the center line of the belt 18 and strap 20 via slidable anchors 30),
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Figure 2
the plurality of elastic bands including at least one anterior band configured to impede hip extension of the first leg (Figure 1 shows the anterior elastic band 28 on a front of the right leg) and at least one posterior band configured to impede hip flexion of the second leg (Figure 2 shows the posterior positioning of elastic band 28, said right leg limb belt 32 comprises said posterior band).
Regarding Claim 2, Ruprecht further discloses the passive exosuit of claim 1, wherein the first and second articles of apparel comprise thigh braces (see Figure 1 wherein the leg belts 32 are attached to the leg above the knee on the lower ends of the respective thighs).
Regarding Claim 3, Ruprecht further discloses the passive exosuit of claim 1, wherein the third article of apparel comprises a pair of shoulder straps (shoulder straps 14, 16).
Regarding Claim 4, Ruprecht further discloses the passive exosuit of claim 3, wherein the third article of apparel further comprises a chest strap (torso strap 20) extending between the pair of shoulder straps for added support (said torso strap 20 is connected to respective ends of straps 14, 16 connecting them together).
Regarding Claim 6, Ruprecht further discloses the passive exosuit of claim 1, wherein the third article of apparel comprises a back or abdominal brace (shoulder straps 14, 16; see Figure 2 wherein straps 14, 16 extend from under the arms, over the back, and then over the shoulders).
Regarding Claim 7, Ruprecht further discloses the passive exosuit of claim 6, wherein the third article of apparel further comprises a pair of suspenders extending from the back or abdominal brace for added support (see Figure 1 wherein straps 14, 16 have vertical narrower portions extending from the shoulders to belt 18 in the form of suspenders).
Regarding Claim 8, Ruprecht further discloses the passive exosuit of claim 1, wherein the at least one anterior band is comprised of two or more elastic bands (“one or preferably a plurality such as two elastic bands 28 can connect at respective first ends to a common band mount 36 on the anchor body 34” Paragraph 45; said anterior band 28 comprises a plurality of elastic bands) connecting the third article of apparel to the first article of apparel in order to distribute hip extension impedance forces more evenly across the torso (said elastic bands 28 are connected between the leg belt 32 and the belt 18 such that the forces are spread amongst the elastic bands 28).
Regarding Claim 9, Ruprecht further discloses the passive exosuit of claim 1, wherein the at least one posterior band is comprised of two or more elastic bands (“one or preferably a plurality such as two elastic bands 28 can connect at respective first ends to a common band mount 36 on the anchor body 34” Paragraph 45; said posterior band 28 comprises a plurality of elastic bands) connecting the third article of apparel to the second article of apparel in order to distribute hip flexion impedance forces more evenly across the torso (said elastic bands 28 are connected between the leg belt 32 and the belt 18 such that the forces are spread amongst the elastic bands 28).
Regarding Claim 10, Ruprecht further discloses the passive exosuit of claim 1, wherein the third article of apparel includes a plurality of connectors (anchor bodies 34 of anchors 30) defining different attachment points for the plurality of elastic bands so that the at least one posterior band and the at least one anterior band can be adjusted to accommodate different user specifications (said belt 18 comprises a plurality of anchors 30 for attachment of the elastic bands 28 thereon in a number of positions).
Regarding Claim 12, Ruprecht further discloses the passive exosuit of claim 1, wherein the plurality of elastic bands are removably coupled to the first, second, and third articles of apparel by fasteners (band mounts 36; “band mounts 36 configured to removably engage to one of the two ends of the elastic bands 28” Paragraph 43; said band mounts 36 are removably coupled to the belt 18).
Regarding Claim 13, Ruprecht further discloses the passive exosuit of claim 12, wherein the fasteners comprise at least one of: buttons, buckles, clasps, latches, clips, snap fasteners, loop fasteners, hook and eye fasteners, hook and loop fasteners, or seatbelt buckles (see Figure 4 wherein the band mounts 36 are loop fasteners).
Regarding Claim 14, Ruprecht further discloses the passive exosuit of claim 1, wherein the plurality of elastic bands comprises polymer resistance bands (“rubber” Paragraph 41; rubber is a natural polymer).
Regarding Claim 15, Ruprecht further discloses the passive exosuit of claim 1, wherein the plurality of elastic bands are sewn to the first, second, and third articles of apparel (“connector 22 is provided by sewing or riveting the two shoulder straps 14 and 16 to connect them to the waist belt 18” paragraph 40; see Figure 4 wherein the elastic strap 28’s attachment mechanisms 22 are sewn together, shown by dashed line, such that the elastic straps 28 are attached to the belt 18 along with the shoulder straps; Figure 4 also shows connectors 36 with dashed line sewn lines having the elastic straps sewn partially to the leg belts).
Regarding Claim 16, Ruprecht further discloses the passive exosuit of claim 15, wherein the passive exosuit is configured to be worn as an undergarment (said device is capable of being worn under clothing as an undergarment).
Regarding Claim 17, Ruprecht further discloses the passive exosuit of claim 16, wherein the plurality of elastic bands comprises form-fitting pieces of elastic fabric (see Figure 1 wherein the straps are formed of rubber and formed around the user’s legs).
Regarding Claim 19, Ruprecht further discloses the passive exosuit for asymmetry rehabilitation, comprising:
an article of apparel configured to be worn on at least a portion of a torso (waist belt 18 with shoulder straps 114, 16);
another article of apparel configured to be worn on at least a portion of a leg (leg belt 32);
and at least one elastic band (elastic bands 28) connecting the articles of apparel to one another (See Figures 1 and 2), the at least one elastic band comprising at least one anterior band configured to impede hip extension of the leg or at least one posterior band configured to impede hip flexion of the leg (Figure 1 shows an anterior elastic band 28, Figure 2 shows a posterior elastic band 28).
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 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190343670 A1 (Ruprecht et al; henceforth Ruprecht) in view of US 4256098 A (Swan et al; henceforth Swan).
Regarding Claim 5, Ruprecht discloses the invention as substantially claimed, see above. Ruprecht does it disclose wherein the third article of apparel comprises a vest.
Swan teaches an analogous exercise device in the same field of endeavor comprising:
An article of apparel (garment G) configured to be worn on at least a portion of a torso (see Figure 6 wherein the garment is a vest on a torso of a user), wherein the article comprises a vest (see Figure 6 and 7 wherein the garment is a vest over the torso of a user). It would have been obvious for one skilled in the art at the time of filing to modify the third article of apparel to include a vest, as taught by Swan, in order to better position the apparatus on the torso and prevent the straps from catching on the user during use.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190343670 A1 (Ruprecht et al; henceforth Ruprecht) in view of US 20180147081 A1 (Su et al; henceforth Su).
Regarding claim 11, Ruprecht discloses the invention as substantially claimed, see above. Ruprecht further discloses a fastener (fastener 24) configured to control tension of the least one posterior band by tightening or loosening a cable (shoulder straps 14, 16; fastener 24 is a velcro strap configured to keep the straps in tension when the Velcro is engaged together or loosened when the Velcro is disengaged) that extends over a shoulder of the torso to the at least one posterior band (shoulder straps 14, 16 extend under the arms, over the back to the shoulders, and then down to the belt 18 attaching the straps to the posterior elastic straps 28).
Ruprecht does not disclose a dial located at a front of the third article of apparel, the dial configured to control tension of the least one posterior band by tightening or loosening a cable that extends over a shoulder of the torso to the at least one posterior band.
Su teaches an analogous exercise device in the same field of endeavor comprising:
a dial (knob 19, Figure 8) located at a front of the third article of apparel (adjustable fastener 24 on torso strap 20), the dial configured to control tension (“The knob 19 is rotated to adjust a distance between each one of the two opposite ends of the belt body 11” Paragraph 43). It would have been obvious for one skilled in the art at the time of filing to modify the fastener to be a knob, as taught by Su, in order to allow the user to adjust the tightness of the straps to fit users of difference sizes.
Allowable Subject Matter
Claims 18 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 18, the prior art of record US 20190343670 A1 (Ruprecht) fails to teach or render obvious the methods of performing asymmetry in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the plurality of elastic bands are configured to increase the difference between the step lengths when advancing with the first leg of the user versus advancing with the second leg of the user, thereby causing the user to overcompensate for the difference between the step lengths while wearing the passive exosuit and then walk with improved gait symmetry upon removing the passive exosuit as a result of said overcompensation.
The prior art of record teaches a method of performing asymmetry (“treatments for foot drop, Trendelenburg gait pattern, crouched gait associated with cerebral palsy, kyphotic posture and gait asymmetries” Paragraph 16) rehabilitation, comprising:
assessing gait asymmetry affecting a user by determining a difference between step lengths when advancing with a first leg of the user versus advancing with a second leg of the user (“treatment for… … gait asymmetries” Paragraph 16 and “Once operatively configured to treat one or more patient foundational problems, it continuously provides manual cuing to urge a normal movement pattern” Paragraph 14; in order to cue normal gait movement patterns the one cuing must assess the gait of each of a left and right leg in order to determine said gait asymmetries);
and donning a passive exosuit on the user (“So configured the device may be used as a training tool in a gym just as easily as in a clinic setting” Paragraph 17; said device is donned in a clinical setting), the passive exosuit comprising:
a first article of apparel (right leg limb belt 32) configured to be worn on at least a portion of a first leg (see Figure 1 wherein the limb belt 32 is on a lower end of a thigh of a right leg of the user);
a second article of apparel (“in a preferred configuration of the device, in all modes herein, the device includes… …one or more limb strap assemblies” Paragraph 18; the limb strap is the limb belt, see Paragraph 25; said ‘or more’ limb straps assemblies is a left leg limb belt 32 comprises of identical structures as the right leg limb belt 32) configured to be worn on at least a portion of a second leg (left leg limb belt 32 is configured to be on a lower end of a thigh of the left leg of the user);
a third article of apparel (torso strap 20 with belt 18) configured to be worn on at least a portion of a torso (see Figure 1 wherein the straps are worn over a portion of the torso);
and a plurality of elastic bands (elastic bands 28; “anchors 30 are slidably locatable to different locations to provide adjustment of force vectors or angle” Paragraph 37; said bands 28 upper ends are capable of being slid along belt 18 at various asymmetric angles) asymmetrically connecting the third article of apparel to the first and second articles of apparel (said bands 28 are offset from the center line of the belt 18 and strap 20 via slidable anchors 30),
the plurality of elastic bands including at least one anterior band configured to impede hip extension of the first leg (Figure 1 shows the anterior elastic band 28 on a front of the right leg) and at least one posterior band configured to impede hip flexion of the second leg (Figure 2 shows the posterior positioning of elastic band 28, said right leg limb belt 32 comprises said posterior band), which is not equivalent to applicants invention as the prior art of record does not disclose the method step of overcompensating the step lengths. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include such steps without improper hindsight.
Regarding claim 20, the prior art of record US 20190343670 A1 (Ruprecht) fails to teach or render obvious the methods of performing asymmetry in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the at least one elastic bands are configured to increase the difference between the step lengths when advancing with the first leg of the user versus advancing with the second leg of the user, thereby causing the user to overcompensate for the difference between the step lengths while wearing the passive exosuit and then walk with improved gait symmetry upon removing the passive exosuit as a result of said overcompensation.
The prior art of record teaches at least one elastic bands (elastic bands 28; “anchors 30 are slidably locatable to different locations to provide adjustment of force vectors or angle” Paragraph 37; said bands 28 upper ends are capable of being slid along belt 18 at various asymmetric angles) asymmetrically connecting the third article of apparel to the first and second articles of apparel (said bands 28 are offset from the center line of the belt 18 and strap 20 via slidable anchors 30),
The at least one elastic bands including at least one anterior band configured to impede hip extension of the first leg (Figure 1 shows the anterior elastic band 28 on a front of the right leg) and at least one posterior band configured to impede hip flexion of the second leg (Figure 2 shows the posterior positioning of elastic band 28, said right leg limb belt 32 comprises said posterior band), which is not equivalent to applicants invention as the prior art of record does not disclose the method step of overcompensating the step lengths. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include such steps without improper hindsight.
Conclusion
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/ZACHARY T MOORE/Examiner, Art Unit 3784