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 .
Information Disclosure Statement
1. The information disclosure statements (IDS) submitted on 12/16/2025, 09/29/2025, 09/23/2025, 07/11/2025, 06/23/2025, 04/04/2025, 03/07/2025, 01/02/2025, and 10/31/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statements is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “upper portion” in claims 14-15 and “another elastic ember” must be numerically shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 8, 14, and 20-21 are objected to because of the following informalities:
In claims 1 and 19, rephrase “the device” to read –the wearable assistance device--.
In claims 8 and 14, rephrase “the system” to read –the moment arm extension system--.
In claims 20-21, rephrase “that moves” to read –that is configured to move--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “moment arm extension system” in claims 1, 19, and 24; “extendable member” in claims 2-3, 8, 10, 14, 20; “flexible member” in claims 5, 14-16, and 21; “clutch mechanism” in claims 7, 13, 18, 23, and 25; and “elastic member” in claims 1-3, 5, 7-8, 10, 13-15, and 18-25.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Terms such as “mechanism” or “member” followed by functional language are a generic placeholder for the phrase “means for”. For examination purposes, moment arm extension system” in claims 1, 19, and 24 is interpreted as a hinge or four-bar extendable member or a thin spring steel flexible member (Specification, Paragraphs 96, 100, 106); “extendable member” in claims 2-3, 8, 10, 14, 20 is interpreted as a hinge or four-bar extendable member (Specification, Paragraphs 96, 100); “flexible member” in claims 5, 14-16, and 21 is interpreted as thin spring steel flexible member (Specification, Paragraph 106); “clutch mechanism” in claims 7, 13, 18, 23, and 25 is interpreted as powered or passive (Specification, Paragraph 52); and “elastic member” in claims 1-3, 5, 7-8, 10, 13-15, and 18-25 is interpreted as any member that has an amount of elasticity associated with it and which can take the form of, for example, a spring, cable, string, strap, cord, webbing, rope, band, gas-spring, pneumatic, etc., and may be coiled or non-coiled (Specification, Paragraph 44).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
7. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 12, 17, 21 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6, 12, and 17 recite the limitation "the back". There is insufficient antecedent basis for this limitation in the claims. Rephrase “the back” to read --a back--.
Claim limitation “a flexible member” as set forth in claim 21 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In this case, claim 21 depends on claim 19 which recites “wherein the moment arm extension system is configured to be controlled by a manual user input to move a portion of the at least one elastic member away from the body segment”. It is unclear how the flexible member in claim 21 is able to be controlled manually by a user input. The specification doesn’t mention any form of manual direct bending or twisting on the flexible member by the user’s hand or any manual button that initiates the bending/twisting, unless the manual input is rather a user movement of bending forward which then indirectly causes the flexible member to also bend. Therefore, the claim limitation is unclear as to the meets and bounds of operation and structure. Furthermore, Specification, Paragraph 97 and 99 describing manual input are specifically on the 4-bar or hinge structures in the respective embodiments of Fig. 8 and 10. Paragraph 118 also doesn't link the flexible and extendable embodiments together either by reciting “an actuator; manually by the user; or at least one of the one or more elastic members configured to apply a tension force above a threshold (e.g., in the range of 5 to 100 N) on the lever.” Therefore, the 1) actuator, 2) manual, and 3) elastic threshold are all possible different sub-embodiments of moment arm deployment for the hinge and 4-bar extendable embodiments. However, the flexible spring steel embodiment of Figure 14 only mentions actuation or manual input in the Summary section of the Specification, Paragraph 13 but there is no explanation in the drawings or detailed description section of how the manual user input is performed for the flexible element thin spring steel embodiment and any associated structure allowing that manual input, and as such the claim is unclear and indefinite.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 8-12, 14-17, 19-22, and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7-10, and 12-18 of U.S. Patent No. 12138785.
Regarding claim 1 of this child instant application, the parent U.S. Patent No. 12138785 claim 1 discloses “A wearable assistance device configured to be worn by a user, the device comprising: an upper body interface; a lower body interface; a moment arm extension system configured to be positioned along a body segment of the user, and be movable between a collapsed configuration and an extended configuration; and one or more elastic members operatively coupling the upper body interface to the lower body interface via the moment arm extension system; wherein the moment arm extension system is operatively connected to at least one of the one or more elastic members at a location between the upper body interface and the lower body interface; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system comprises: a base configured to be positioned along the body segment; and an extendable member operatively connected to the base; wherein at least a portion of the extendable member extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; wherein the moment arm extension system is operatively connected to the at least one of the one or more elastic members via the extendable member; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment via the extendable member when in the extended configuration; wherein the moment arm extension system further comprises a hinge assembly comprising a rotation axis, and wherein the extendable member is defined by a lever connected to the base via the hinge assembly such that the lever is rotatable about the rotation axis”.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 1 of the current application and claim 1 of patent 12138785 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 1 of patent 12138785 in effect a “species” of the “generic” invention of current application claim 1. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 1 of the current application is anticipated by claim 1 of patent 12138785, it is not patentably distinct from claim 1 of patent 12138785.
All of the limitations of claim 2 can be found in claim 1 of U.S. Patent No. 12138785.
All of the limitations of claim 3 can be found in claim 3 of U.S. Patent No. 12138785.
All of the limitations of claim 4 can be found in claim 4 of U.S. Patent No. 12138785.
All of the limitations of claim 5 can be found in claim 5 of U.S. Patent No. 12138785.
All of the limitations of claim 6 can be found in claim 7 of U.S. Patent No. 12138785.
Regarding claim 8 of the instant application, U.S. Patent No. 12138785 claim 8 discloses “ A moment arm extension system configured to be worn by a user, the system comprising: a base configured to be positioned along a body segment of the user; and an extendable member operatively connected to the base; wherein the moment arm extension system is movable between a collapsed configuration and an extended configuration, and wherein at least a portion of the extendable member extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; wherein the moment arm extension system is configured to operatively connect to at least one elastic member via the extendable member; and wherein the moment arm extension system allows a portion of the at least one elastic member to extend away from the body segment via the extendable member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system further comprises a hinge assembly comprising a rotation axis, and wherein the extendable member is defined by a lever connected to the base via the hinge assembly such that the lever is rotatable about the rotation axis.”.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 8 of the current application and claim 8 of patent 12138785 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 8 of patent 12138785 in effect a “species” of the “generic” invention of current application claim 8. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 8 of the current application is anticipated by claim 8 of patent 12138785, it is not patentably distinct from claim 8 of patent 12138785.
All of the limitations of claim 9 can be found in claim 9 of U.S. Patent No. 12138785.
All of the limitations of claim 10 can be found in claim 10 of U.S. Patent No. 12138785.
All of the limitations of claim 11 can be found in claim 12 of U.S. Patent No. 12138785.
All of the limitations of claim 12 can be found in claim 13 of U.S. Patent No. 12138785.
Regarding claim 14 of the instant application, U.S. Patent No. 12138785 claim 14 discloses “ A moment arm extension system configured to be worn by a user, the system comprising: a flexible member having an upper portion and configured to be positioned along a body segment of the user; wherein the flexible member is movable between a collapsed configuration and an extended configuration, and wherein a portion of the flexible member extends a greater distance from the body segment when in the extendable configuration than in the collapsed configuration; and wherein the flexible member is configured to allow a portion of an elastic member to extend away from the body segment via the portion of the flexible member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the flexible member provides a greater mechanical advantage by the elastic member about the body segment or another body segment when in the extended configuration than provided by the flexible member when in the collapsed configuration; wherein the flexible member comprises thin spring steel.”
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 14 of the current application and claim 14 of patent 12138785 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 14 of patent 12138785 in effect a “species” of the “generic” invention of current application claim 14. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 14 of the current application is anticipated by claim 14 of patent 12138785, it is not patentably distinct from claim 14 of patent 12138785.
All of the limitations of claim 15 can be found in claim 15 of U.S. Patent No. 12138785.
All of the limitations of claim 16 can be found in claim 16 of U.S. Patent No. 12138785.
All of the limitations of claim 17 can be found in claim 17 of U.S. Patent No. 12138785.
Regarding claim 19 of the instant application, U.S. Patent No. 12138785 claims 1 and 4 disclose “A wearable assistance device configured to be worn by a user, the device comprising: an upper body interface; a lower body interface; a moment arm extension system configured to be positioned along a body segment of the user, and be movable between a collapsed configuration and an extended configuration; and one or more elastic members operatively coupling the upper body interface to the lower body interface via the moment arm extension system; wherein the moment arm extension system is operatively connected to at least one of the one or more elastic members at a location between the upper body interface and the lower body interface; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system comprises: a base configured to be positioned along the body segment; and an extendable member operatively connected to the base; wherein at least a portion of the extendable member extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; wherein the moment arm extension system is operatively connected to the at least one of the one or more elastic members via the extendable member; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment via the extendable member when in the extended configuration; wherein the moment arm extension system further comprises a hinge assembly comprising a rotation axis, and wherein the extendable member is defined by a lever connected to the base via the hinge assembly such that the lever is rotatable about the rotation axis” and “wherein the moment arm extension system is movable between the collapsed configuration and extended configuration via: an actuator; manually by the user; or at least one of the one or more elastic members configured to apply a tension force above a threshold on the lever.”
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 19 of the current application and claims 1,4 of patent 12138785 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claims 1,4 of patent 12138785 in effect a “species” of the “generic” invention of current application claim 19. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 19 of the current application is anticipated by claims 1,4 of patent 12138785, it is not patentably distinct from claims 1,4 of patent 12138785.
All of the limitations of claim 20 can be found in claim 1 of U.S. Patent No. 12138785.
All of the limitations of claim 21 can be found in claim 5 of U.S. Patent No. 12138785.
All of the limitations of claim 22 can be found in claim 3 of U.S. Patent No. 12138785.
Regarding claim 24 of the instant application, U.S. Patent No. 12138785 claim 18 discloses “A method of using a wearable assistance device, the method comprising: providing a wearable assistance device to be worn by a user, the wearable assistance device comprising: an upper body interface; a lower body interface; a moment arm extension system positioned along a body segment of the user, and movable between a collapsed configuration and an extended configuration; and one or more elastic members operatively coupling the upper body interface to the lower body interface via the moment arm extension system, wherein the moment arm extension system is operatively connected to at least one of the one or more elastic members at a location between the upper body interface and the lower body interface; extending, via the moment arm extension system, a portion of the at least one of the one or more elastic members away from the body segment when in the extended configuration; and moving, via the moment arm extension system, the portion of the at least one of the one or more elastic members towards the body segment when moving from the extended configuration to the collapsed configuration; wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system comprises: a base configured to be positioned along the body segment; and an extendable member operatively connected to the base; wherein at least a portion of the extendable member extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; wherein the moment arm extension system is operatively connected to the at least one of the one or more elastic members via the extendable member; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment via the extendable member when in the extended configuration; wherein the moment arm extension system further comprises a hinge assembly comprising a rotation axis, and wherein the extendable member is defined by a lever connected to the base via the hinge assembly such that the lever is rotatable about the rotation axis”
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 24 of the current application and claim 18 of patent 12138785 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 18 of patent 12138785 in effect a “species” of the “generic” invention of current application claim 24. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 24 of the current application is anticipated by claim 18 of patent 12138785, it is not patentably distinct from claim 18 of patent 12138785.
This is a nonstatutory double patenting rejection.
Claims 7, 13, 18, 23, and 25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7-10, and 12-18 of U.S. Patent No. 12138785, as applied to claims 1, 8, 14, 19, and 24, in view of claim 1 of U.S. Patent No. 11980563.
Regarding claims 7, 13, 18, 23, and 25, U.S. Patent No. 12138785 claims 1, 3-5, 7-10, and 12-18 discloses the elastic member.
Although the conflicting claims are not identical, they are not patentably distinct from each other because (1) the claims of patent 12138785 are directed to a device/method having the essential structural features as claimed in the instant application. (2) The instant application differs from the patent 12138785 in that it recites the limitation of “a clutch mechanism is associated with the at least one elastic member and configured to adjust the tension force of the at least one elastic member”.
However, U.S. Patent No. 11980563 claim 1 teaches a clutch mechanism is associated with the at least one elastic member and configured to adjust the tension force of the at least one elastic member.
In view of the teachings of Patent 11980563, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the elastic members of Patent 12138785 by incorporating the clutch mechanism of Patent 11980563 for providing various stiffness profiles.
This is a nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 102
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.
Claims 8-9, 11, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Popovic et al (U.S. Patent Pub. No. 20150359698).
Regarding claim 8, Popovic discloses a moment arm extension system 260 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: exoskeleton 260 with wearable sleeve 270 worn on upper arm and lower arm with links 252,254 for attaching to elastic 220,240 with a flexible and extendable moment arm/fulcrum 210 so as to space apart elastic 220,240 further from a base 256 and the user’s elbow when tensioned to an expanded orientation from a collapsed orientation) configured to be worn by a user, the moment arm extension system 260 comprising: a base 256 configured to be positioned along a body segment of the user; and an extendable member 210 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: flexible and extendable moment arm/fulcrum 210 operatively coupled to base 256 via links 252,254; this is an equivalent structure as defined by the 35 USC 112F analysis above) operatively connected to the base 256; wherein the moment arm extension system 260 is movable between a collapsed configuration (Figure 2I) and an extended configuration (Figure 2H), and wherein at least a portion of the extendable member 210 extends a greater distance from the base 256 when in the extendable configuration (Figure 2H)than in the collapsed configuration (Figure 2I); and wherein the moment arm extension system 260 is configured to operatively connect to at least one elastic member 220,240 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D, elastic layers 220,240; this is the structure as defined by the 35 USC 112f analysis above) via the extendable member 210; and wherein the moment arm extension system 260 allows a portion of the at least one elastic member 220,240 to extend away from the body segment via the extendable member 210 when in the extended configuration (Figure 2H), and to move towards the body segment when moving from the extended configuration (Figure 2H) to the collapsed configuration (Figure 2I), and wherein the portion of the at least one elastic member 220,240 is further from the body segment when in the extended configuration (Figure 2H) than when in the collapsed configuration (Figure 2I), such that the moment arm extension system 260 provides a greater mechanical advantage by the at least one elastic member 220,240 about the body segment or another body segment when in the extended configuration (Figure 2H) than provided by the moment arm extension system 260 when in the collapsed configuration (Figure 2I).
Regarding claim 9, Popovic discloses the invention as described above and further discloses wherein the extendable member 210 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: flexible and extendable moment arm/fulcrum 210 operatively coupled to base 256 via links 252,254) is connected to the base via at least one link 252,254.
Regarding claim 11, Popovic discloses the invention as described above and further discloses wherein the moment arm extension system 260 moves from the collapsed configuration (Figure 2I) to the extended configuration (Figure 2H) via an actuator (Paragraphs 52, 64, and 75, actuating fluid with solenoid active valve operation and/or passive valve operation) or manually by a user (Paragraph 52 and 74, manual pump).
Regarding claim 14, Popovic discloses a moment arm extension system 260 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: exoskeleton 260 with wearable sleeve 270 worn on upper arm and lower arm with links 252,254 for attaching to elastic 220,240 with a flexible and extendable moment arm/fulcrum 210 so as to space apart elastic 220,240 further from a base 256 and the user’s elbow when tensioned to an expanded orientation from a collapsed orientation) configured to be worn by a user, the moment arm extension system 260 comprising: a flexible member 210 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: flexible and extendable moment arm/fulcrum 210 operatively coupled to base 256 via links 252,254; this is an equivalent structure as defined by the 35 USC 112F analysis above) having an upper portion (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: upper portion of fulcrum 210 that connects to link 252) and configured to be positioned along a body segment of the user; wherein the flexible member 210 is movable between a collapsed configuration(Figure 2I) and an extended configuration (Figure 2H), and wherein a portion of the flexible member 210 extends a greater distance from the body segment when in the extendable configuration (Figure 2H) than in the collapsed configuration (Figure 2I); and wherein the flexible member 210 is configured to allow a portion of an elastic member 220,240 (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: elastic layers 220,240; this is the structure as defined by the 35 USC 112F analysis above) to extend away from the body segment via the upper portion (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: upper portion of arm/fulcrum 210 that connects to link 252 allows for tension in elbow extension so that both the arm/fulcrum 210 and elastic 220,240 move further away from the user’s elbow ) of the flexible member 210 when in the extended configuration (Figure 2H), and to move towards the body segment when moving from the extended configuration (Figure 2H) to the collapsed configuration (Figure 2I), and wherein the portion of the elastic member 220,240 is further from the body segment when in the extended configuration (Figure 2H) than when in the collapsed configuration (Figure 2I), such that the flexible member 210 provides a greater mechanical advantage by the elastic member 220,240 about the body segment or another body segment when in the extended configuration (Figure 2H) than provided by the flexible member 210 when in the collapsed configuration (Figure 2I).
Regarding claim 15, Popovic discloses the invention as described above and further discloses wherein the upper portion (Paragraphs 19, 40, 43-44, and 51, Figures 2H-2L and 3D: upper portion of fulcrum/arm layer 210 that connects to link 252) is configured to operatively connect to another elastic member (Paragraph 40, arm/fulcrum 210 has an additional surface layer formed on its opposite side also made of elastic so as to allow curving of both elastic layers. Thereby, this opposite surface layer is the additional elastic member that is also connected to the upper portion of the original surface layer elastic fulcrum 210) such that when a tension force is applied above a threshold by said another elastic member 220,240 to the upper portion, the flexible member 210 moves from the collapsed configuration (Figure 2I) to the extended configuration (Figure 2H).
Regarding claim 16, Popovic discloses the invention as described above and further discloses wherein the flexible member 210 moves from the collapsed configuration (Figure 2I) to the extended configuration (Figure 2H) via an (Paragraphs 52, 64, and 75, actuating fluid with solenoid active valve operation and/or passive valve operation) or by manual user input (Paragraph 52 and 74, manual pump).
Claims 8-11, 13-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walsh et al. (U.S. Patent Pub. No. 20170027735).
Regarding claim 8, Walsh discloses a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) configured to be worn by a user, the moment arm extension system comprising: a base 711 configured to be positioned along a body segment of the user; and an extendable member 718,720 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, extendable protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body; this is the structure as defined by the 35 USC 112F analysis above) operatively connected to the base 711; wherein the moment arm extension system is movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart and collapse in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716), and wherein at least a portion of the extendable member 718,720 extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; and wherein the moment arm extension system is configured to operatively connect to at least one elastic member 726 (Paragraphs 97-100 and 102 and Figure 7B, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) via the extendable member 718,720; and wherein the moment arm extension system allows a portion of the at least one elastic member 726 to extend away from the body segment via the extendable member 718,720 when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one elastic member 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
Regarding claim 9, Walsh discloses the invention as described above and further discloses wherein the extendable member 718,720 (Paragraphs 97-100 and 102 and Figure 7B: extendable protrusions arm/fulcrum further connected to base 711 via links 727) is connected to the base via at least one link 727.
Regarding claim 10, Walsh discloses the invention as described above and further discloses wherein the at least one elastic member 726 (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) is configured to apply a tension force above a threshold on the extendable member 718,720 such that the moment arm extension system moves from the collapsed configuration to the extended configuration.
Regarding claim 11, Walsh discloses the invention as described above and further discloses wherein the moment arm extension system moves from the collapsed configuration to the extended configuration via an actuator (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) or manually by a user (Paragraphs 59, 81, 97-100, 102 and Figure 7B, user extending their joint causes the protrusion moment arm/fulcrum 718,720 to pivot back to extended configuration transversely away from user).
Regarding claim 13, Walsh discloses the invention as described above and further discloses wherein a clutch mechanism (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) is associated with the at least one elastic member 726 and configured to adjust the tension force of the at least one elastic member 726.
Regarding claim 14, Walsh discloses a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward from user’s joint with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) configured to be worn by a user, the moment arm extension system comprising: a flexible member 718,720 ([Paragraph 59 and Figure 7B], protrusion moment arm/fulcrum 718,720 are formed of flexible spring material with upper pivot points 722,724; this is the structure as defined by the 35 USC 112F analysis above.; [Paragraphs, 81, 97-100, 102 and Figure 7B], extendable and flexible protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body joint) having an upper portion 722,724 and configured to be positioned along a body segment of the user; wherein the flexible member 718,720 is movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart and collapse in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716), and wherein a portion of the flexible member 718,720 extends a greater distance from the body segment when in the extendable configuration than in the collapsed configuration; and wherein the flexible member 718,720is configured to allow a portion of an elastic member 726 (Paragraphs 97-100 and 102 and Figure 7B, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) to extend away from the body segment via (Paragraphs 59, 81, 97-100, 102 and Figure 7B, an elastic link 727 is also located at upper point 722,724 which provides resilience against spaced apart/collapsed configuration and towards an extended configuration where the arms 718,720 are transversely extending from user’s body joint ) the upper portion 722,724 of the flexible member 718,720 when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the elastic member 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the flexible member 718,720 provides a greater mechanical advantage by the elastic member726 about the body segment or another body segment when in the extended configuration than provided by the flexible member 718,720 when in the collapsed configuration.
Regarding claim 15, Walsh discloses the invention as described above and further discloses wherein the upper portion 722,724 is configured to operatively connect to another elastic member 727 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, an elastic link 727 is also located at upper point 722,724 which provides resilience past a threshold against spaced apart/collapsed configuration and towards an extended configuration where the flexible arms 718,720 are transversely extending from user’s body joint) such that when a tension force is applied above a threshold by said another elastic member 727 to the upper portion 722,724 , the flexible member 718,720 moves from the collapsed configuration to the extended configuration.
Regarding claim 16, Walsh discloses the invention as described above and further discloses wherein the flexible member 718,720 moves from the collapsed configuration to the extended configuration via an actuator (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) or by manual user input (Paragraphs 59, 81, 97-100, 102 and Figure 7B, user extending their joint causes the protrusion moment arm/fulcrum 718,720 to pivot back to extended configuration transversely away from user).
Regarding claim 18, Walsh discloses the invention as described above and further discloses wherein a clutch mechanism (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) is associated with the at least one elastic member 726 and configured to adjust the tension force of the at least one elastic member 726.
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 1-8, 12, 14, 17, and 19-25, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 103 as being unpatentable over Abdoli (U.S. Patent Pub. No. 20050130815) in view of Walsh et al. (U.S. Patent Pub. No. 20170027735).
Regarding claim 1, Abdoli discloses a wearable assistance device 5, 30, 40,70, 60,50 25,20,45 (Paragraph 53 and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces) configured to be worn by a user, the wearable assistance device 5, 30, 40,70, 60,50 25,20,45 comprising: an upper body interface 5; a lower body interface 30; a moment arm 20,25; and one or more elastic members 40,70, 60,50 (Paragraphs 12, 53, 108, and Figure 1, elastic bands, cords, or combination thereof in series 40,70, 60,50; this is the structure as defined by the 35 USC 112F analysis above ) operatively coupling the upper body interface 5 to the lower body interface 30 via the moment arm 20,25; wherein the moment arm 20,25 is operatively connected to at least one of the one or more elastic members at a location between the upper body interface 5 and the lower body interface 30; and wherein the moment arm 20,25 allows a portion of the at least one of the one or more elastic members 40,70, 60,50 to extend away from the body segment.
However, Abdoli fails to explicitly disclose the moment arm is a moment arm extension system configured to be positioned along a body segment of the user and be movable between a collapsed configuration and an extended configuration; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
Walsh teaches an analogous wearable assistance device (Paragraph 92 and Figure 8C, orthopedic device worn cuff sleeve 840 with moment arm extension system) wherein the analogous moment arm 718,720 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrums 718,720) is a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) configured to be positioned along a body segment of the user and be movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716); and wherein the moment arm extension system allows a portion of the at least one of the analogous elastic member 726 (Paragraphs 97-100 and 102, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) to extend away from the body segment when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the analogous elastic member 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the analogous elastic member 726 about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system moves from the collapsed configuration to the extended configuration via an actuator (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726) or manually by a user (Paragraphs 59, 81, 97-100, 102 and Figure 7B, user extending their joint causes the protrusion moment arm/fulcrum 718,720 to pivot back to extended configuration transversely away from user); and wherein a clutch mechanism (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with the at least one analogous elastic member 726 and configured to adjust the tension force of the at least one analogous elastic member 726.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to substitute the moment arm of Abdoli, for the moment arm extension system configured to be positioned along a body segment of the user and be movable between a collapsed configuration and an extended configuration; and wherein the moment arm extension system allows a portion of the at least one of the one or more elastic members to extend away from the body segment when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; wherein the moment arm extension system moves from the collapsed configuration to the extended configuration via an actuator or manually by a user; and wherein a clutch mechanism is associated with the at least one elastic member and configured to adjust the tension force of the at least one elastic member, of Walsh, in order to provide an improved wearable assistance device with an enhanced moment arm for the elastic member that adjusts with user joint flexion such that when the elastic member is tensioned via an actuator and clutch mechanism the moment arm tightens causing the moment arm to stay in an extended position transversely away from the user’s joint as opposed to the moment arm spacing apart/collapsing, which thereby provides desired resistance force and increased user support throughout flexion and extension movement (Walsh, Paragraphs 59, 81, 97-100, 102).
Regarding claim 2, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the moment arm extension system (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B) comprises an extendable member 718,720 (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, extendable protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body; this is the structure as defined by the 35 USC 112F analysis above), the extendable member 718,720 being operatively connected to the portion of the at least one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) that extends away from the body segment when the moment arm extension system is in the extended configuration (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716).
Regarding claim 3, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the at least one elastic member (Abdoli: 40,70, 60,50 ; Walsh: 726) is configured to apply a tension force above a threshold (Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) on the extendable member 718,720 (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, extendable protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body; this is the structure as defined by the 35 USC 112F analysis above) such that the moment arm extension system moves from the collapsed configuration to the extended configuration.
Regarding claim 4, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the moment arm extension system is configured to be movable between the collapsed configuration and extended configuration via an actuator (Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) or manually by a user (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, user extending their joint causes the protrusion moment arm/fulcrum 718,720 to pivot back to extended configuration transversely away from user).
Regarding claim 5, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the moment arm extension system comprises a flexible member 718,720 (Walsh: [Paragraph 59 and Figure 7B], protrusion moment arm/fulcrum 718,720 are formed of flexible spring material with upper pivot points 722,724; this is the structure as defined by the 35 USC 112F analysis above.; [Paragraphs, 81, 97-100, 102 and Figure 7B], extendable and flexible protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body joint) , and wherein the at least one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) connects the flexible member (Walsh: 718,720) to the lower body interface (Abdoli: 30) such that when a tension force is applied above a threshold (Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) by the at least one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) to the flexible member (Walsh: 718,720), the moment arm extension system moves from the collapsed configuration to the extended configuration.
Regarding claim 6, the combination of Abdoli in view of Walsh discloses the invention as described above. Abdoli further discloses wherein the body segment (Paragraphs 53, 56, and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces at user’s back) is a back of the user.
Regarding claim 7, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein a clutch mechanism(Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with each one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) and configured to adjust a tension force of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726).
Regarding claim 8, Abdoli discloses a moment arm 20,25,45 (Paragraphs 53, 56, and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces) configured to be worn by a user, the moment arm 20,25,45 comprising: a base 45 configured to be positioned along a body segment of the user; and a portion 20,25 (Paragraphs 53, 56, and Figure 1, extendable standoff 20 that spaces elastic40,70 and 50,60 from point 25 and the base 45/user’s back; this is an equivalent structure as defined by the 35 USC 112F analysis above ) of the moment arm 20,25,45 operatively connected to the base 45; and wherein the moment arm 20,25,45 is configured to operatively connect to at least one elastic member 40,70, 60,50 (Paragraphs 12, 53, 108, and Figure 1, elastic bands, cords, or combination thereof in series 40,70, 60,50; this is the structure as defined by the 35 USC 112F analysis above ) via the portion 20,25 of the moment arm 20,25,45; and wherein the moment arm 20,25,45 allows a portion of the at least one elastic member 40,70, 60,50 to extend away from the body segment via the portion 20,25.
However, Abdoli fails to explicitly disclose the moment arm is a moment arm extension system movable between a collapsed configuration and an extended configuration, and wherein the portion of the moment arm comprises an extendable member that extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; and wherein the moment arm extension system allows a portion of the at least one elastic member to extend away from the body segment via the extendable member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
Walsh teaches an analogous moment arm 718,720, 711 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrums 718,720 connected to base 711) is a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716), and wherein the analogous portion 718,720, 711 of the analogous moment arm 718,720, 711 comprises an extendable member 718,720 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, extendable protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body; this is the structure as defined by the 35 USC 112F analysis above) extends a greater distance from the analogous base 711when in the extendable configuration than in the collapsed configuration; and wherein the moment arm extension system allows a portion of the at least one analogous elastic member 726 (Paragraphs 97-100 and 102 and Figure 7B, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) to extend away from the body segment via the extendable member718,720 when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one analogous elastic member 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the at least one analogous elastic member 726 about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to substitute the portion of the moment arm connected to the base of Abdoli, for the moment arm extension system movable between a collapsed configuration and an extended configuration, and wherein the portion of the moment arm comprises an extendable member that extends a greater distance from the base when in the extendable configuration than in the collapsed configuration; and wherein the moment arm extension system allows a portion of the at least one elastic member to extend away from the body segment via the extendable member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the at least one elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration, of Walsh, in order to provide an improved moment arm for the elastic members that adjusts with user joint flexion such that when the elastic member is tensioned the moment arm tightens causing the moment arm to stay in an extended position transversely away from the user’s joint as opposed to the moment arm spacing apart/collapsing, which thereby provides desired resistance force and increased user support throughout flexion and extension movement (Walsh, Paragraphs 59, 81, 97-100, 102).
Regarding claim 12, the combination of Abdoli in view of Walsh discloses the invention as described above. Abdoli further discloses wherein the body segment (Paragraphs 53, 56, and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces at user’s back) is a back of the user.
Regarding claim 14, Abdoli discloses a moment arm 20,25 (Paragraphs 53, 56, and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces) configured to be worn by a user, the moment arm 20,25,45 having an upper portion 25 and configured to be positioned along a body segment (Paragraphs 53, 56, and Figure 1, base 45 of moment arm on body segment) of the user; wherein the moment arm 20,25,45 is configured to allow a portion of an elastic member 40,70, 60,50 (Paragraphs 12, 53, 108, and Figure 1, elastic bands, cords, or combination thereof in series 40,70, 60,50; this is the structure as defined by the 35 USC 112F analysis above ) to extend away from the body segment via (Paragraphs 53, 56, and Figure 1, extendable standoff 20 that spaces elastic40,70 and 50,60 from point 25 and the base 45/user’s back; this is an equivalent structure as defined by the 35 USC 112F analysis above ) the upper portion25.
However, Abdoli fails to explicitly disclose the moment arm is a moment arm extension system comprising a flexible member having the upper portion; wherein the flexible member is movable between a collapsed configuration and an extended configuration, and wherein a portion of the flexible member extends a greater distance from the body segment when in the extendable configuration than in the collapsed configuration; and wherein the flexible member is configured to allow a portion of an elastic member to extend away from the body segment via the upper portion of the flexible member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the flexible member provides a greater mechanical advantage by the elastic member about the body segment or another body segment when in the extended configuration than provided by the flexible member when in the collapsed configuration.
Walsh teaches an analogous moment arm 718,720, (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrums 718,720 connected to base 711) is a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) comprising a flexible member 718,720 ([Paragraph 59 and Figure 7B], protrusion moment arm/fulcrum 718,720 are formed of flexible spring material with upper pivot points 722,724; this is the structure as defined by the 35 USC 112F analysis above.; [Paragraphs, 81, 97-100, 102 and Figure 7B], extendable and flexible protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body joint) having the analogous upper portion 722,724; wherein the flexible member718,720 is movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart and collapse in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716), and wherein a portion of the flexible member 718,720 extends a greater distance from the body segment when in the extendable configuration than in the collapsed configuration; and wherein the flexible member 718,720 is configured to allow an analogous portion of the analogous elastic member 726 (Paragraphs 97-100 and 102 and Figure 7B, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) to extend away from the body segment via (Paragraphs 59, 81, 97-100, 102 and Figure 7B, an elastic link 727 is also located at upper point 722 which provides resilience against spaced apart/collapsed configuration and towards an extended configuration where the arms 718,720 are transversely extending from user’s body joint the analogous upper portion 722,724of the flexible member 718,720 when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the analogous portion of the analogous elastic member 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the flexible member 718,720 provides a greater mechanical advantage by the analogous elastic member 726 about the body segment or another body segment when in the extended configuration than provided by the flexible member 718,720 when in the collapsed configuration.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to substitute the moment arm of Abdoli, for the moment arm extension system comprising a flexible member having the upper portion; wherein the flexible member is movable between a collapsed configuration and an extended configuration, and wherein a portion of the flexible member extends a greater distance from the body segment when in the extendable configuration than in the collapsed configuration; and wherein the flexible member is configured to allow a portion of an elastic member to extend away from the body segment via the upper portion of the flexible member when in the extended configuration, and to move towards the body segment when moving from the extended configuration to the collapsed configuration, and wherein the portion of the elastic member is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the flexible member provides a greater mechanical advantage by the elastic member about the body segment or another body segment when in the extended configuration than provided by the flexible member when in the collapsed configuration, of Walsh, in order to provide an improved moment arm for the elastic members that adjusts with user joint flexion such that when the elastic member is tensioned the moment arm tightens causing the moment arm to stay in an extended position transversely away from the user’s joint as opposed to the moment arm spacing apart/collapsing, which thereby provides desired resistance force and increased user support during movement (Walsh, Paragraphs 59, 81, 97-100, 102).
Regarding claim 17, the combination of Abdoli in view of Walsh discloses the invention as described above. Abdoli further discloses wherein the body segment (Paragraphs 53, 56, and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces at user’s back) is a back of the user.
Regarding claim 19, Abdoli discloses a wearable assistance device 5, 30, 40,70, 60,50 25,20,45 (Paragraph 53 and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces) configured to be worn by a user, the wearable assistance device 5, 30, 40,70, 60,50 25,20,45 comprising: an upper body interface 5; a lower body interface 30; at least one elastic member 40,70, 60,50 (Paragraphs 12, 53, 108, and Figure 1, elastic bands, cords, or combination thereof in series 40,70, 60,50; this is the structure as defined by the 35 USC 112F analysis above ) coupling the upper body interface5 to the lower body interface 30, the at least one elastic member 40,70, 60,50 extending along a back of the user such that the at least one elastic member 40,70, 60,50 provides an assistive force and moment about the back of the user when the user bends forward; and a moment arm 20,25 configured to be positioned along a body segment (Paragraph 53 and Figure 1, moment arm 20,25 on base 45 along back of user) of the user, the moment arm 20,25 contacting the at least one elastic member 40,70, 60,50 at a location between the upper body interface 5 and the lower body interface 30.
However, Abdoli fails to explicitly disclose the moment arm is a moment arm extension system movable between an extended configuration and a collapsed configuration relative to the body segment of the user; wherein the moment arm extension system is configured to be controlled by a manual user input to move a portion of the at least one elastic member away from the body segment such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
Walsh teaches an analogous wearable assistance device (Paragraph 92 and Figure 8C, orthopedic device worn cuff sleeve 840 with moment arm extension system) wherein the analogous moment arm 718,720 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrums 718,720) is a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) movable between an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716) and a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart/collapse away from one another in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) relative to the body segment of the user; wherein the moment arm extension system is configured to be controlled by a manual user input (Paragraphs 59, 81, 97-100, 102 and Figure 7B, user extending their joint causes the protrusion moment arm/fulcrum 718,720 to pivot back to extended configuration transversely away from user) to move a portion of the at least one analogous elastic member 726 (Paragraphs 97-100 and 102, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above) away from the body segment such that the moment arm extension system provides a greater mechanical advantage by the at least one analogous elastic member 726 about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; and wherein a clutch mechanism (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with the at least one analogous elastic member 726 and configured to adjust the tension force of the at least one analogous elastic member 726.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to substitute the moment arm of Abdoli, for the moment arm extension system movable between an extended configuration and a collapsed configuration relative to the body segment of the user; wherein the moment arm extension system is configured to be controlled by a manual user input to move a portion of the at least one elastic member away from the body segment such that the moment arm extension system provides a greater mechanical advantage by the at least one elastic member about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration, and wherein a clutch mechanism is associated with the at least one elastic member and configured to adjust the tension force of the at least one elastic member, of Walsh, in order to provide an improved wearable assistance device with an enhanced moment arm for the elastic member that adjusts with a clutch mechanism as well as when the user manually performs extension with their own joint muscles thereby yielding varying forces throughout flexion and extension for desirable recovery therapy (Walsh, Paragraphs 59, 81, 97-100, 102).
Regarding claim 20, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the moment arm extension system comprises an extendable member 718,720 (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, extendable protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body; this is the structure as defined by the 35 USC 112F analysis above) coupled to the portion of the at least one elastic member (Abdoli: 40,70, 60,50 ; Walsh: 726) that moves away (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716)from the body segment.
Regarding claim 21, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the moment arm extension system comprises an flexible member 718,720 (Walsh: [Paragraph 59 and Figure 7B], protrusion moment arm/fulcrum 718,720 are formed of flexible spring material with upper pivot points 722,724; this is the structure as defined by the 35 USC 112F analysis above.; [Paragraphs, 81, 97-100, 102 and Figure 7B], extendable and flexible protrusion moment arm/fulcrums 718,720 that collapses when arms 718,720 move further apart and then extend when arms 718,720 are kept close together and transversely extending from user’s body joint) coupled to the portion of the at least one elastic member (Abdoli: 40,70, 60,50 ; Walsh: 726) that moves away (Walsh, Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716)from the body segment.
Regarding claim 22, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein the at least one elastic member (Abdoli: 40,70, 60,50 ; Walsh: 726) is configured to apply a tension force above a threshold (Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension therein which thereby applies threshold force to change the protrusion moment arm/fulcrum 718,720 configuration from collapsed to extended) on the moment arm extension system such that the moment arm extension system moves from the collapsed configuration to the extended configuration.
Regarding claim 23, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein a clutch mechanism(Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with each one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) and configured to adjust a tension force of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726).
Regarding claim 24, Abdoli discloses a method of using a wearable assistance device 5, 30, 40,70, 60,50 25,20,45 (Paragraph 53 and Figure 1, upper body interface 5 worn on shoulders and lower body interface 30 worn on legs with continuous straps 40,70 and 50,60 routed therefrom over a moment arm 20,25 connected to a base 45 between the upper 5 and lower 30 body interfaces), the method comprising: providing a wearable assistance device 5, 30, 40,70, 60,50 25,20,45 to be worn by a user, the wearable assistance device 5, 30, 40,70, 60,50 25,20,45 comprising: an upper body interface 5; a lower body interface 30; a moment arm 20,25 positioned along (Paragraph 53 and Figure 1, moment arm 20,25 on base 45 along back of user) a body segment of the user; and one or more elastic members 40,70, 60,50 (Paragraphs 12, 53, 108, and Figure 1, elastic bands, cords, or combination thereof in series 40,70, 60,50; this is the structure as defined by the 35 USC 112F analysis above ) operatively coupling the upper body interface 5 to the lower body interface 30 via the moment arm 20,25, wherein the moment arm 20,25 is operatively connected to at least one of the one or more elastic members 40,70, 60,50 at a location between the upper body interface 5 and the lower body interface 30.
However, Abdoli fails to explicitly disclose the moment arm is a moment arm extension system movable between a collapsed configuration and an extended configuration; extending, via the moment arm extension system, a portion of the at least one of the one or more elastic members away from the body segment when in the extended configuration; and moving, via the moment arm extension system, the portion of the at least one of the one or more elastic members towards the body segment when moving from the extended configuration to the collapsed configuration, wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration.
Walsh teaches an analogous wearable assistance device (Paragraph 92 and Figure 8C, orthopedic device worn cuff sleeve 840 with moment arm extension system) wherein the analogous moment arm 718,720 (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrums 718,720) is a moment arm extension system (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 are initially extended transversely outward with elastic member 726 thereabove when a user’s knee joint is in extension. Then when a user flexes the knee joint the protrusion moment arm/fulcrum 718,720 space further apart/collapse until the elastic member 726 is tightened by a clutch-actuator combination so that the protrusion moment arm/fulcrums 718,720 stay extended instead of collapsing) movable between a collapsed configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 space further apart and collapse in joint flexion without tightening of the elastic member 726 such that the elastic member 726 is closer to a body joint at central region 716) and an extended configuration (Paragraphs 59, 81, 97-100, 102 and Figure 7B, protrusion moment arm/fulcrum 718,720 in transverse/extended configuration in joint extension as well as joint flexion when the elastic member 726 is tightened such that the elastic member 726 is further away from a body joint at central region 716); extending, via the moment arm extension system, a portion of the at least one of the one or more analogous elastic members 726 (Paragraphs 97-100 and 102 and Figure 7B, shape memory elastic member 726 having an amount of elasticity is further connected in series to another elastic component that is then attached to an actuator and clutch mechanism combination; this is the structure as defined by the 35 USC 112F analysis above)away from the body segment when in the extended configuration; and moving, via the moment arm extension system, the portion of the at least one of the one or more analogous elastic members726 towards the body segment when moving from the extended configuration to the collapsed configuration, wherein the portion of the at least one of the one or more analogous elastic members 726 is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more analogous elastic members 726 about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; and wherein a clutch mechanism (Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with the at least one analogous elastic member 726 and configured to adjust the tension force of the at least one analogous elastic member 726.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to substitute the moment arm of Abdoli, for the moment arm extension system movable between a collapsed configuration and an extended configuration; extending, via the moment arm extension system, a portion of the at least one of the one or more elastic members away from the body segment when in the extended configuration; and moving, via the moment arm extension system, the portion of the at least one of the one or more elastic members towards the body segment when moving from the extended configuration to the collapsed configuration, wherein the portion of the at least one of the one or more elastic members is further from the body segment when in the extended configuration than when in the collapsed configuration, such that the moment arm extension system provides a greater mechanical advantage by the one or more elastic members about the body segment or another body segment when in the extended configuration than provided by the moment arm extension system when in the collapsed configuration; and wherein a clutch mechanism is associated with the at least one elastic member and configured to adjust the tension force of the at least one elastic member, of Walsh, in order to provide an improved wearable assistance device with an enhanced moment arm for the elastic member that adjusts with user joint flexion such that when the elastic member is tensioned via a clutch mechanism the moment arm tightens causing the moment arm to stay in an extended position transversely away from the user’s joint as opposed to the moment arm spacing apart/collapsing, which thereby provides desired resistance force and increased user support during flexion movement (Walsh, Paragraphs 59, 81, 97-100, 102).
Regarding claim 25, the combination of Abdoli in view of Walsh discloses the invention as described above and further discloses wherein a clutch mechanism(Walsh, Paragraphs 59, 81 and 97-100, clutch and actuator combination mechanism connected to series of elastic members 726 for adjusting tension which thereby changes the protrusion moment arm/fulcrum 718,720 configuration) is associated with each one of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726) and configured to adjust a tension force of the one or more elastic members (Abdoli: 40,70, 60,50 ; Walsh: 726).
Conclusion
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawakami (US 8597212 B2) teaches a wearable assistance device with a moment arm extension system comprising an extendable member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786