DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 20-39, as filed on 01/03/2025, are currently pending and considered below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) The claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 20, 27-28, and 30 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20170063278 A1 (Roh).
Regarding Independent Claim 20, Roh discloses a wearable device (walking assistance apparatus 100, Figure 1 shown on a user) comprising:
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Figure 1
a motor (driving portion 110 with motor 303); a motor driver circuit connected to the motor (circuit protection apparatus 310, Figure 3);
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Figure 3
and at least one processor (processor 311) including processing circuitry configured to control an electrical connection in the motor driver circuit (see Figure 3 wherein processor controls an electrical connection between switch 313, driver 302, and the motor 303) to be alternately switched between a first control state and a second control state (“The switch 313 may be located between the driver 302 and the motor 303. The switch 313 may short or open the closed circuit of the driving portion 300.” Paragraph 100; the first state is the short circuit and the second state is the open circuit) based on a body motion of a user wearing the wearable device (“a switch configured to open based on the control signal such that the driver is electrically isolated from the motor” Paragraph 35; and “the control signal based on whether the counter electromotive voltage is greater than an output voltage” Paragraph 20 and “the output voltage may be a driving voltage to drive the motor 303. The driving voltage may be, for example, a voltage to drive the motor 303 based on an gait status of a user” Paragraph 110; the switch is controlled by the control signal which is based on a counter voltage vs a output voltage, said output voltage based on the user’s gait), the second control state being different from the first control state (in the short state the motor provides assistance to the user’s walk while in the open state the motor provides resistance to the user’s walk).
Regarding Claim 27, Roh further discloses the wearable device of claim 20, wherein the first control state is a state in which the electrical connection in the motor driver circuit is a closed loop (said switch 313 when in the short state creates a closed loop) and the second control state is a state in which the electrical connection in the motor driver circuit is an open loop (said switch when in the open state creates an open loop).
Regarding Claim 28, Roh further discloses the wearable device of claim 27, wherein, in each of the first control state and the second control state, the motor is not connected to a battery of the wearable device (Roh does not disclose the device connected to a battery).
Regarding Claim 30, Roh further discloses the wearable device of claim 20, wherein the body motion of the user comprises a leg motion of the user (“the output voltage may be a driving voltage to drive the motor 303. The driving voltage may be, for example, a voltage to drive the motor 303 based on an gait status of a user” Paragraph 110).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-22, 26, 31, and 32-33, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170063278 A1 (Roh) in view of US 20150381102 A1 (Sun et al; henceforth Sun).
Regarding Claim 21, Roh discloses the invention as substantially claimed, see above. Roh further discloses the wearable device of claim 20, further comprising:
a sensor (speed sensor 312) configured to sense the body motion of the user (“the speed sensor 312 may measure a physical quantity of the motor 303 by an external physical stimulus. The external physical stimulus may be, for example, an external force applied to the motor 303” Paragraph 103; said for applied is the force applied to the motor by the user’s legs), wherein the at least one processor is further configured to:
and alternately repeat switching between the first control state and the second control state based on the changing ratio per time ("controlling the on-off sequence and on-off frequency" Paragraph 36: Sun and "the above procedure is repeated till the external force disappears and the motor restores to normal operation" Paragraph 34: Sun; the processor 311 controls the frequency of switching between the short and open control states and thus is controlled periodically as frequency is a measurement of per second and repeated).
Roh discloses the invention as substantially claimed, see above. Roh further discloses that the processor can be used to reduce potential damage to driving portion from voltage generated by the motor when an external force is applied on the motor (¶ 75). Roh does not disclose wherein the ratio per time is a changing ratio per time and further does not disclose the type of the switch 313.
Sun teaches an analogous motor control circuit (motor driving unit 13) using switches (switches 13a) controlled by a processor (control unit 17 with driver 13b) to control a motor (motor 8) solving the same issue of preventing damage to the electronics due to external forces on the motor (¶ 34) comprising:
the motor (Figure 1); the motor driver circuit connected to the motor (Figure 1 below; motor driving unit 13 is connected to the motor 8);
a sensor (sensing unit 15) configured to sense a motion of the motor (“sensing unit 15 for receiving from the sensing unit 15 the sensing signal representing the actual rotational speed of the motor 8” ¶ 37);
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Figure 4: Sun
and the processor (control unit 17 and driver 13b with timing unit 19) configured to generate a control signal (“control unit 17 causes the driving unit 13 to stop driving the motor 8” ¶ 37; control unit 17 generates a control signal) to control an electrical connection in the motor driver circuit (¶ 37 above, the control unit 17 generates the signal to control drive unit 13) by controlling, based on the speed of the motor, a changing ratio per time (“driver 13b is connected to the driving source unit 11 and may control the rotational direction and rotational speed of the motor 8 by controlling the on-off sequence and on-off frequency of the individual switches under the control of the driving source signal such as the PWM signal, and thus drive the motor 8” ¶ 36: emphasis added; the driver 13b changes the frequency of an on-off sequence to control the motor) between a first control state and a second control state (¶ 37 below; the first control state is the on state and the off state is the second control state), the first control state being a state in which the electrical connection in the motor driver circuit is a closed loop (¶ 37 below; in the on state the motor is connected by the switches and is driven) and the second control state being a state in which the electrical connection in the motor driver circuit is an open loop (¶ 37 below; in the off state the motor is disconnected by the switches and off).
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It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify Roh’s motor driver circuit with a plurality of switches controlling the on-off sequence and on-off frequency with a PWM signal and a timing unit for determining changing ratios per time, as taught by Sun, in order to prevent the motor or the electronic components for the motor from being damage through over-temperature because of the reduction in the rotational speed due to an external force applied to the motor (¶ 34).
Regarding Claim 22, Roh as modified further discloses the wearable device of claim 21, wherein the at least one processor is further configured to:
determine the speed of the body motion based on the body motion (“The load mechanically connected to the motor 303 may be, for example, a supporter configured to transfer an output assistance torque to a leg. The supporter may be connected to the shaft of the motor 303 and may change a hip joint angle using the assistance torque” ¶ 125; speed sensor 312 measures the output shaft of motor 303 which is directly related to the speed/motion of the user’s leg; and ¶ 107 above, the processor controls the switches based partially on the speed sensor 312),
and adjust the changing ratio per time between a duration of the first control state and a duration of the second control state based on the speed of the body motion (in as much as applicant has shown the circuit has a short and open circuit state that the device switches between and therefore inherently has a ratio between a duration of time of the circuit is in the shorted state and a duration of time that the circuit is in the open state, see ¶ 100 and the processor adjusts the frequency of the changing ratio per time based partially on the speed sensor).
Regarding Claim 26, Roh further discloses the wearable device of claim 22, wherein the at least one processor is further configured to determine the changing ratio per time based on a target exercise load (“The torques may be set by an external device or the controller 140” ¶ 78 and “the controller 140 may output a control signal to control the driving portions 110 to generate torques” ¶ 76; the processor 311 within driving portion 110 is partially controlled by the control signal based on a set torque) and the speed of the body motion (“processor 311 may calculate the counter electromotive voltage based on a motor constant of the motor 303 and the first speed” ¶ 107; the processor 311 partially controls the switches 313 based on the speed measured by the speed sensor 312).
Regarding Claim 31, Roh discloses the invention as substantially claimed, see above. Roh further discloses a switch configured to control the electrical connection in the motor driver circuit (switch 313). Roh does not disclose a plurality of switches.
Sun teaches an analogous motor drive circuit in the same field of endeavor of motor control comprising:
a motor (motor 8); a motor driver circuit (driver 3B) connected to the motor (via switches 13A); and at least one processor (control unit 17) configured to control an electrical connection in the motor driver circuit (see Figure 1 wherein the control unit is electronically connected to the driver 13B);
and a plurality of switches (full bridge driving circuit 13A) configured to control the electrical connection in the motor driver circuit (see Figure 1 wherein the control unit 17 uses switches 13A to control the electrical connection to the motor 8).
It would have been obvious for one skilled in the art at the time of filing to modify the switch to be a full bridge driving circuit containing for total circuits, as taught by Sun, in order to improve power efficiency, better regulate the voltage, and enable bidirectional control.
Regarding Independent Claim 32, Roh discloses a method of operating a wearable device (walking assistance apparatus 100, Figure 1), the wearable device including:
a motor (driving portion 110 comprising motor 303) and a motor driver circuit (circuit protection apparatus 310, Figure 3) configured to control an operation of the motor (“ by controlling the switch 313, the circuit protection apparatus 310 may allow the shaft of the motor 303 to freely rotate when the walking assistance apparatus 100 operates as a generator” Paragraph 121; said switch is part of the apparatus 310),
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the method comprising:
having a ratio per time (the circuit has a short and open circuit state that the device switches between and therefore inherently has a ratio between a duration of time of the circuit is in the shorted state and a duration of time that the circuit is in the open state, see ¶ 100) between a duration of a first control state and a duration of a second control state (“The switch 313 may be located between the driver 302 and the motor 303. The switch 313 may short or open the closed circuit of the driving portion 300.” Paragraph 100; the first state is the short circuit duration and the second state is the open circuit duration) based on a body motion of a user wearing the wearable device (“a switch configured to open based on the control signal such that the driver is electrically isolated from the motor” Paragraph 35; and “the control signal based on whether the counter electromotive voltage is greater than an output voltage” Paragraph 20 and “the output voltage may be a driving voltage to drive the motor 303. The driving voltage may be, for example, a voltage to drive the motor 303 based on an gait status of a user” Paragraph 110; the switch is controlled by the control signal which is based on a counter voltage vs a output voltage, said output voltage based on the user’s gait), the second control state being different from the first control state (in the short state the motor provides assistance to the user’s walk while in the open state the motor provides resistance to the user’s walk);
and controlling an electrical connection in the motor driver circuit to be alternately switched between the first control state and the second control state based on the determined changing ratio per time.
Roh discloses the invention as substantially claimed, see above. Roh further discloses that the processor can be used to reduce potential damage to driving portion from voltage generated by the motor when an external force is applied on the motor (¶ 75). Roh does not disclose wherein the ratio per time is a changing ratio per time and controlling an electrical connection in the motor driver circuit to be alternately switched between the first control state and the second control state based on the determined changing ratio per time.
Sun teaches an analogous motor control circuit in the same field of endeavor of motor control comprising: a motor control circuit (motor driving unit 13) using switches (switches 13a) controlled by a processor (control unit 17 with driver 13b) to control a motor (motor 8) solving the same issue of preventing damage to the electronics due to external forces on the motor (¶ 34) comprising:
the motor (motor 8, Figure 4); the motor driver circuit connected to the motor (Figure 4 below; motor driving unit 13 is connected to the motor 8);
a sensor (sensing unit 15) configured to sense a motion of the motor (“sensing unit 15 for receiving from the sensing unit 15 the sensing signal representing the actual rotational speed of the motor 8” ¶ 37);
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Figure 4: Sun
and the processor (control unit 17 and driver 13b with timing unit 19) configured to generate a control signal (“control unit 17 causes the driving unit 13 to stop driving the motor 8” ¶ 37; control unit 17 generates a control signal) to control an electrical connection in the motor driver circuit (¶ 37 above, the control unit 17 generates the signal to control drive unit 13) by
determining, based on the speed of the motor, a changing ratio per time (“driver 13b is connected to the driving source unit 11 and may control the rotational direction and rotational speed of the motor 8 by controlling the on-off sequence and on-off frequency of the individual switches under the control of the driving source signal such as the PWM signal, and thus drive the motor 8” ¶ 36: emphasis added and “ PWM signal source having two outputs with opposite phases” Paragraph 43 and “the waveform of the PWM signal and the predetermined time period counted by the timing unit 19” Paragraph 43; the driver 13b determines the current frequency and changes the frequency of an on-off sequence to control the motor based on the determined PWM signal) between a first control state and a second control state (¶ 37 below; the first control state is the on state and the off state is the second control state), the first control state being a state in which the electrical connection in the motor driver circuit is a closed loop (¶ 37 below; in the on state the motor is connected by the switches and is driven) and the second control state being a state in which the electrical connection in the motor driver circuit is an open loop (¶ 37 below; in the off state the motor is disconnected by the switches and off).
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And controlling an electrical connection in the motor driver circuit to be alternately switched between the first control state and the second control state based on the determined changing ratio per time (“controlling the on-off sequence and on-off frequency” ¶ 36: Sun and “the above procedure is repeated till the external force disappears and the motor restores to normal operation” ¶ 34: Sun; the processor 311 controls the frequency of switching between the short and open control states and thus is controlled periodically as frequency is a measurement of per second and repeated).
It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify Roh’s motor driver circuit with controlling the on-off sequence and on-off frequency with a PWM signal and a timing unit and determining a changing ratio per time, as taught by Sun, in order to prevent the motor or the electronic components for the motor from being damage through over-temperature because of the reduction in the rotational speed due to an external force applied to the motor (¶ 34).
Regarding Claim 33, Roh as modified further discloses the method of claim 32, further comprises: sensing the body motion of the user using a sensor (speed sensor 312) of the wearable device (“the speed sensor 312 may measure a physical quantity of the motor 303 by an external physical stimulus. The external physical stimulus may be, for example, an external force applied to the motor 303” ¶ 103; see Figure 1 wherein the external force applied is the gait motion of the user);
Regarding Claim 39, Roh as modified further discloses a non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform the method of claim 32 (“The methods according to the above-described example embodiments may be recorded in non-transitory computer-readable media including program instructions to implement various operations of the above-described example embodiments” Paragraph 132).
Allowable Subject Matter
Claims 23-25, 29, and 34-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 23, the prior art of record US 20170063278 A1 (Roh) in view of US 20150381102 A1 (Sun) fails to teach or render obvious the wearable device in combination with all of the elements and structural and functional relationships as claimed and further including:
Adjusting the changing ratio to correspond to a second speed when the speed of the body motion changes from a first speed to the second speed.
The prior art of record discloses adjusting the changing ratio based on the duration of the first and second control state and does not disclose adjusting the changing ratio per time to correspond to a second speed when the speed of the body motion changes from a first speed to a second speed. It would not have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify changing ratio per time to correspond to a second speed without improper hindsight.
Regarding claim 29, the prior art of record US 20170063278 A1 (Roh) in view of US 20150381102 A1 (Sun) fails to teach or render obvious the wearable device in combination with all of the elements and structural and functional relationships as claimed and further including:
A torque in a direction that hinders the body motion by supplying the motor with power of a battery.
The prior art of record discloses wherein the processor is further configured to control the motor to generate a torque in a direction that hinders the body motion (“the shaft of the motor may be rotated by receiving a user's force. When the motor operates as a generator, the user may feel resistance to a gait motion” ¶ 85; the motor operates as a generator that generates a torque that resists gait motion of the user’s leg) and generating the exercise load by controlling a change between the first control state and the second control state (“For example, by controlling the switch 313, the circuit protection apparatus 310 may allow the shaft of the motor 303 to freely rotate when the walking assistance apparatus 100 operates as a generator” ¶ 121; the circuit protection apparatus 310 controls the switch 313 to change between the shorted and open circuits to control operation of the motor as a generator and thus the exercise load), which is different than applicants invention as the torque provided is in the form of a generator
It would not have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify the operation of the motor from a generator to powered by a battery to provide torque in a direction to hinder motion without destroying the circuit. Likewise, the prior art of record discloses that the device is for assisting motion of the user and teaches away from providing a powered resistance motion.
Regarding claim 34, the prior art of record US 20170063278 A1 (Roh) in view of US 20150381102 A1 (Sun) fails to teach or render obvious the wearable device in combination with all of the elements and structural and functional relationships as claimed and further including:
determining the changing ratio per time between the duration of the first control state and the duration of the second control state based on the speed of the body motion (emphasis added).
Regarding Claim 34, Roh as modified further discloses the method of claim 32, wherein the determining the changing ratio per time comprises:
determining a speed of the body motion (“the speed sensor 312 may measure a physical quantity of the motor 303 by an external physical stimulus. The external physical stimulus may be, for example, an external force applied to the motor 303” ¶ 103; and “The load mechanically connected to the motor 303 may be, for example, a supporter configured to transfer an output assistance torque to a leg. The supporter may be connected to the shaft of the motor 303 and may change a hip joint angle using the assistance torque” ¶ 125; speed sensor 312 measures the output shaft of motor 303 which is directly related to the speed/motion of the user’s leg; and ¶ 107 above, the processor controls the switches based partially on the speed sensor 312);
and controlling the changing ratio per time between the duration of the first control state and the duration of the second control state based on the speed of the body motion control (the rotational direction and rotational speed of the motor 8 by controlling the on-off sequence and on-off frequency of the individual switches under the control of the driving source signal such as the PWM signal, and thus drive the motor 8” ¶ 36: emphasis added; the driver 13b changes the frequency of an on-off sequence to control the motor), which is not equivalent to applicants invention. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include determining the changing ratio per time based on speed of the body motion without modifying a teaching reference based on improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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/ZACHARY T MOORE/Examiner, Art Unit 3784