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 .
Response to Preliminary Amendment
This Office Action is in response to the Preliminary Amendment filed on 9/16/2024. Claims 1-20 are canceled. Claims 21-40 are new. As such claims 21-40 are pending in the instant application.
The amendment to the Abstract (filed 9/16/2026) has been considered and is entered in the instant application.
Claim Objections
Claims 33, 38, and 40 are objected to because of the following informalities:
Claim 33, line 3: “the second shoulder strap” should read “at least one of the one or more shoulder straps” for consistency and clarity.
Claim 38, line 6: “a secured element” should read “the secured element” for consistency and clarity.
Claim 40, line 2: “first shoulder strap” should read “the first shoulder strap” for consistency and clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Romo et al. (US 20180303699 A1; hereinafter “Romo”) in view of Ingimundarson et al. (US 20140018715 A1; hereinafter “Ingimundarson”).
Regarding claim 21, Romo discloses a physical human-robot interface (100; Fig. 3) comprising:
a strut (102, 202, 302; Figs. 3, 10, 14) defining one or more strap slots (115, 226, 326, 327, 323, 324; Figs. 7A, 10, 14, 16; [0079], [0097], [0104], [0107]), the strut (102, 202, 302) adapted to correspond to a user's back (Figs. 7A-7B, 9A-9B, 14);
a shoulder kinematic chain (119, 122, 124; Fig. 7A; [0080]) extending from the strut (see Fig. 7A);
a belt (106, 306; Figs. 7A-7B and 14) connected to the strut (see Figs. 7A-7B and 14);
one or more shoulder straps (108, 116, 118, 308, 316; Figs. 7A-7B and 14-15; [0071], [0107]) extending from the one or more strap slots to the belt (see Figs. 7A-7B).
While Romo does disclose a chest strap (166, 332; Figs. 7B and 15A; [0081], [0109]) with a buckle (see buckle of 166 in Fig. 7B, Romo fails to explicitly disclose a stability strap extending from the strut (102, 202, 302) to a secured element.
However, Ingimundarson teaches a spinal orthosis device (Fig. 29) with an elastic strap (202; Fig. 29) that has a first segment (202A; Fig. 28) secured to an upper portion of a spinal frame via a bracket or tab and a fastener removably secured to at least one of a plurality of openings or brackets along the spinal frame (spinal frame 14, see Fig. 28; bracket or tab 204, fastener 206; [0101]), extends over a shoulder strap (16; Figs. 28-29) and through a pad (19; Fig. 29) of the shoulder strap (second sentence of [0099]), extends through at least one guide (218, 220; Fig. 29) located along a lumbar assembly (12; Fig. 29) and/or the spinal frame (see Fig. 29), and has an end segment (202D; Fig. 29) that adjustably secures to the lumbar assembly (see Fig. 29; [0099] and [0102]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Romo with the elastic strap and corresponding guides and connectors, as taught by Ingimundarson above, such that Romo as modified teaches a stability strap (Ingimundarson 202) extending from the strut (102, 202, 302) to a secured element (see Ingimundarson Figs. 28-29, where elastic strap 202 extends from 14 to securing element connecting 202D to 12; Ingimundarson [0099]) to provide stability to the user’s spine and encourage the spine into a corrective position (Ingimundarson [0014] and [0104]).
Regarding claim 22, Romo as modified teaches the invention as set forth in claim 21, wherein the one or more shoulder straps (108, 116, 118, 308, 316) have an upper attachment point (116, 316; Figs. 7A and 14) and a lower attachment point (118; Figs. 7A and 14), the one or more shoulder straps extending from the one or more strap slots at the upper attachment point (116 extends from 115, see Fig 7A; 316 extends from 327 and/or 326, see Fig. 14) to the belt at the lower attachment point (118 extends to belt 106, see Fig. 7A).
Regarding claim 23, Romo as modified teaches the invention as set forth in claim 21, wherein the strut (302) further comprises a lumbar support (356, see Figs. 4 and 16).
Regarding claim 24, Romo as modified teaches the invention as set forth in claim 23, wherein the belt (106, 306) is connected to the lumbar support of the strut (306 connected to 356; [0112]-[0113] and [0116]-[0117]).
Regarding claim 25, Romo as modified teaches the invention as set forth in claim 24, wherein the belt (106, 306) further comprises a lumbar pad (104, 304; see Figs. 7A and 14).
Regarding claim 26, Romo as modified teaches the invention as set forth in claim 21, wherein the strut (102, 202, 302) is configured in a T-shape (see Figs. 3, 5, 7A, 10, and 14) having a first arm (112, 212, 312; Figs. 7A, 10, 14) and a second arm (113, 213, 313; Figs. 7A, 10, 14), the first arm and the second arm extending from a central upright portion of the strut (112 and 113 extend from 110, see Fig. 5; 212 and 213 extend from 210, see Fig. 10; 312 and 313 extend from central upright portion of 302, see Fig. 14).
Regarding claim 27, Romo as modified teaches the invention as set forth in claim 26, wherein the first arm and the second arm define the one or more strap slots (112 and 113 define 115, see Fig. 7A; 212 and 213 define 226, see Fig. 10; 312 and 313 define 327 and 326, see Fig. 14).
Regarding claim 28, Romo as modified teaches the invention as set forth in claim 26, wherein the shoulder kinematic chain is connected to the first arm (119 connected to 112; Fig. 7A; [0079]).
Regarding claim 29, Romo as modified teaches the invention as set forth in claim 26, wherein the belt is connected with the strut along a base of the strut (106 connected at base of 102, see Figs. 3 and 7A; 306 connected at base of 302, see Fig. 14).
Regarding claim 30, Romo as modified teaches the invention as set forth in claim 26, wherein the stability strap (Ingimundarson 202) extends laterally from the strut in a direction opposite the first arm (see Ingimundarson Fig. Figs. 28-29, where elastic strap 202 extends from 14 to securing element connecting 202D to 12; Ingimundarson [0099]).
Regarding claim 31, Romo as modified teaches the invention as set forth in claim 26, wherein the one or more shoulder straps have an upper attachment point (116, 316; Figs. 7A and 14) and a lower attachment point (118, 318; Figs. 7A and 14), the one or more shoulder straps extending from the one or more strap slots at the upper attachment point (116 extends from 115, see Fig 7A; 316 extends from 327 and/or 326, see Fig. 14) to the belt at the lower attachment point (118 extends to belt 106, see Fig. 7A); wherein the lower attachment points connect laterally on the belt, or posterolaterally on the belt (see Fig. 7A).
Regarding claim 32, Romo as modified teaches the invention as set forth in claim 26, wherein the stability strap (Ingimundarson 202) comprises a stability strap lower connector (Ingimundarson fastener on 202D, see Ingimundarson Fig. 29 and Ingimundarson [0099]) and a stability strap upper connector (Ingimundarson 206; Ingimundarson Fig. 29; Ingimundarson [0101]).
Regarding claim 33, Romo as modified teaches the invention as set forth in claim 32, wherein the stability strap upper connector (Ingimundarson 206) connects to the second arm (see Ingimundarson Fig. 29) and the stability strap lower connector (Ingimundarson fastener on 202D) connects to the second shoulder strap (see Fig. 3 and 7A, where shoulder straps 118 connect to the belt; “the second end of the elastic strap may couple to the lumbar assembly to the same attachment points as the strap assembly”, see Ingimundarson [0102], hence the fastener on Ingimundarson connects to the shoulder strap 118).
Regarding claim 34, Romo as modified teaches the invention as set forth in claim 32, wherein the stability strap upper connector (Ingimundarson 206) connects to the second arm (see Ingimundarson Fig. 29) and the stability strap lower connector (Ingimundarson fastener on 202D) connects laterally on the belt (see Ingimundarson Fig. 29).
Regarding claim 35, Romo as modified teaches the invention as set forth in claim 26, wherein the stability strap (Ingimundarson 202) connects to the belt on the side corresponding to the second arm (see Ingimundarson Figs. 28-29); wherein the stability strap (Ingimundarson 202) extends from the central upright portion of the strut to a lateral position of the belt corresponding to the side of the second arm (see Ingimundarson Figs. 28-29).
Regarding claim 36, Romo as modified teaches the invention as set forth in claim 26, wherein the stability strap (Ingimundarson 202) extends from a base of the central upright portion of the strut to a lateral position of the belt corresponding to the side of the second arm (see Ingimundarson Figs. 28-29; Examiner’s Note: Interpretation of “a base of the central upright portion of the strut” based on Applicant’s Figure 2); wherein the stability strap is configured to extend substantially horizontally around the latissimus dorsi muscles of a user to an anchoring point on the belt located laterally of a user's hip (see Ingimundarson Figs. 28-29).
Regarding claim 37, Romo as modified teaches the invention as set forth in claim 21, wherein the stability strap (Ingimundarson 202) further comprises a stability strap quick release (Ingimundarson Fig. 29; Ingimundarson [0102]).
Regarding claim 38, Romo, as modified by Ingimundarson in claim 21 above, teaches a method of using a physical human-robot interface of claim 21 (see claim 21 above), comprising the steps of: donning the belt ([0062]; [0067]; Figs. 7A and 14); and donning the strut by inserting a user's arms through the one or more shoulder straps ([0013]; Figs. 7A and 14-15A); the one or more shoulder straps including first and second shoulder straps (shoulder strap assembly 108, 308 has a shoulder strap corresponding with a user’s left shoulder and a second shoulder strap corresponding with a user’s right shoulder, see Figs. 7A and 14) and securing the stability strap between the strut and a secured element (Ingimundarson Figs. 28-29; Ingimundarson [0099] and [0101]-[0102]).
Regarding claim 39, Romo as modified teaches the invention as set forth in claim 38, but fails to explicitly teach first tightening the belt; second tightening the first and second shoulder straps; third tightening the stability strap.
However, Ingimundarson further teaches first securing belt segments (38A, 38B) and tightening the belt segments ([0062]; first sentence of [0063]; Fig. 29), then tightening shoulder straps ([0064]; Fig. 29), and lastly tightening the elastic strap ([0099], [0101]-[0106], where elastic strap 202 may be guided through strap guides located on the shoulder straps, hence the shoulder straps will already need to be adjusted and tightened before tightening the elastic strap).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of adjusting and tightening the interface of Romo, as modified in claim 21 above, to tighten the belt first, the shoulder straps second, and the stability strap third, as taught by Ingimundarson above, to facilitate properly aligning the belt and strut with the user’s anatomy (Ingimundarson [0063], lines 8-12 and [0064]-[0065]).
Regarding claim 40, Romo as modified teaches the invention as set forth in claim 39, wherein the belt, first shoulder strap, the second shoulder strap, and the stability strap are taut (see Fig. 7A; see Ingimundarson Fig. 28; Ingimundarson [0062]-[0064], [0099], and [0101]-[0106]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Genani (WO 2018073629 A1): Regarding a wearable support device for an upper body exoskeleton.
Doyle (US 20140158839 A1): Regarding a harness with an arm support system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 9:00 AM to 6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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