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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US20170143574), hereafter Choi, in view of LaChappelle et al. (US20160128890), hereafter LaChappelle.
Regarding Claim 21, Choi discloses a motion assistance apparatus (Abstract, Fig. 1) comprising: a thigh belt configured to be worn around a thigh part of a user (Fig. 1, supporting band 130, par. 0066, “For example, the supporting band 130 may be disposed along the front surface of the thigh of the user, or in a circumferential direction of the thigh of the user to push or pull the thigh of the user.”); an actuator configured to generate power (Fig. 1, driving module 40, par. 0060, “The driving module 40 may provide power to be transmitted to the rotating joint 60”); a main frame (Fig. 1, supporting frame 46 and 110) comprising: an upper frame connected to the actuator (Fig. 1, element 46 is connected to the actuator), and a lower frame connected to the upper frame and connected to the actuator and to the thigh belt (Fig. 1, 3, supporting frame 110); a lower cover configured to cover at least part of the lower frame (Fig 3 and 4, cover 136, cover 136 covers a part of the lower frame 110), wherein the lower frame comprises: a lower frame body connected to the upper frame (Fig. 3, 4, supporting frame 110 defines a lower frame body); and a holder connected to the thigh belt (Fig. 3, 4, connecting plate 131).
Choi does not specifically disclose the lower cover is detachable from the lower frame, and the holder is detachably connected to the thigh belt.
However, making a component detachable/separable is considered obvious, In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144(V)(C). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Choi, and have the lower cover detachable from the lower frame, and the holder detachable from the thigh belt.
Choi is silent on an upper cover configured to cover at least part of the upper frame and be detachable from the upper frame.
However, LaChappelle teaches a motion assist apparatus (Fig. 1A, Abstract), comprising of a thigh strap (Fig. 1A, 3A, strap 440), an actuator (Fig. 1C, hip actuator 600), and a frame member (Fig. 3A, leg panel 420). LaChappelle further teaches to provide covers at anywhere of the apparatus, for the improvement of protecting the user from being pinched and conceal the structure as desired (par. 0107, “covers may be provided at or along any joint of exoskeleton 100 to protect a user from being pinched from joint movement. Other protective covers may be provided at any position on exoskeleton 100 where it is desirable to cover or otherwise conceal a structure of exoskeleton 100”). It would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Choi, and provide an upper cover configured to cover at least part of the upper frame, for the improvements taught by LaChapelle, such as concealing a structure or preventing pinching. Such modification is within the capabilities of one of ordinary skill in the art and would have yielded predicted result of protecting the user as taught by LaChapelle (LaChapelle, par. 0107). Furthermore, making a component detachable/separable is considered obvious, In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144(V)(C).
Claim(s) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, in view of LaChappelle, further in view of Baptista et al. (US11364622), hereafter Baptista.
Regarding Claim 22, the modified Choi discloses the motion assistance apparatus of claim 21, but is silent on further comprising a connector comprising a connector body connected to the thigh belt and a pair of connector wings extending from the connector body, wherein the connector is configured to be detachable from the holder.
However, Baptista teaches a motion assist apparatus (Fig. 1, Abstract), comprising of a belt (Fig. 1, base module 1), a frame (Fig. 1, hip module 5), wherein the frame comprises of a holder detachable from the belt (Fig. 9, first part 81, col. 6 line 18-21, “The motion assistance apparatus of claim 21, further comprising a connector comprising a connector body connected to the thigh belt and a pair of connector wings extending from the connector body, wherein the connector is configured to be detachable from the holder.”) (Examiner Notes: the attachment device shown in Fig. 9 is used to attach frame 5 to a belt 1, Fig. 19 and 13 shows an example of attaching an arm frame to an arm belt using the device shown in Fig. 9). Baptista further teaches a connector (See annotated Fig. A below, Fig. 9, second part 82) comprising a connector body (col. 6 line 54, “The second part 82 comprises a body 821”) connected to the belt and a pair of connector wings extending from the connector body (See annotated Fig. A below, Fig. 9, two radial pins 825), wherein the connector is configured to be detachable from the holder (See Fig. 9-10B, the connector 82 is detachable from the holder 81). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known apparatus of Choi, with the holder and connector attachment mechanism of Baptista, for a simple releasable locking mechanism that allows rotation as taught by Baptista (Baptista, col. 6 line 21-54).
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Fig. A, adapted from Baptista Fig. 9
Regarding Claim 23, the modified Choi discloses the motion assistance apparatus of claim 22, wherein the holder comprises: a pair of connector guides configured to guide a rotation of the connector (Baptista, Fig. 9, end 816, curved portion 818; col. 7 line 15-35, the connector guide receives the connector wings and guides the connector’s rotation, see annotated Fig A); a holder body facing the connector body and provided between at least the pair of connector guides (Baptista, Fig. 9, col. 6 line 37, “The first part 81 comprises a body 811”); and a pair of supporters formed to extend from the holder body and configured to respectively support the pair of connector wings (Baptista, Fig. 9, a pair of internal guide surface 813 extends inward from the outer surface of the body 811, the supporters support the connector wings during insertion of the connector, col. 6, line 57-59), and wherein the connector is configured to rotate in a direction with respect to the holder, in a state in which the pair of connector wings is supported by the pair of connector guides, so that the connector is connected to the holder (Baptista, col. 7 line 17-27, “Due to the shape of the slot 815, the sliding of the pin 825 from the entrance of the slot 815 to the end 816 of the slot 815 necessitates a combined movement of translation, parallel to the axis X, and rotation around the axis X, of the second part 82 with respect to the first part 81… while undergoing rotation with respect to the first part 81 around the axis X”; See Baptista Fig. 9-10B, the connection between the connector and the holder includes a rotation of the connector).
Regarding Claim 24, the modified Choi discloses the motion assistance apparatus of claim 23, wherein one of the pair of connector wings is supported by one of the pair of supporters in a state in which the connector wing is spaced apart from one of the pair of connector guides (Baptista, col. 6, line 57-59, “The insertion of the second part 82 into the first part 81 is guided by the cylindrical surfaces 813 and 823 in contact with one another.”, see Fig. 10A-10B, the connector wings are supported by the supporters 813 while they are spaced apart from the connector guides).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, in view of LaChappelle, in view of Baptista, further in view of Kazerooni et al. (US10682249), hereafter Kazerooni.
Regarding Claim 25, the modified Choi discloses the motion assistance apparatus of claim 24, wherein the lower cover comprises: a lower cover body configured to cover the lower frame body (Choi Fig. 3 and 4, the cover 136 defines a body that covers the lower frame 110); but is silent on cover protrusions protruding from the lower cover body and insertable between at least the one of the pair of connector wings and the one of the pair of connector guides.
However, Kazerooni teaches a motion assist apparatus (Fig. 1, abstract), comprising of a lower frame (Fig. 1, 3, frame 102), and a lower cover configured to cover a part of the lower frame (Fig. 3, cap 122 covers a portion of frame 102), the lower cover comprises a lower cover body (Fig. 3, the lower cover 122 defines a cover body). Kazerooni further teaches using cover protrusions protruding from the lower cover body and insert to connection parts to secure the cover to the frame (Fig. 3 and 4, col. 3 line 62-67, “Disk 115 is then secured to cap 122 by four fasteners (not shown) passing through holes 113. A set screw 142 is then used to ensure wrap spring 110 does not rotate relative to disk 115. Cap 122 is coupled to thigh link 102 through fasteners (not shown) passing through a set of holes 130 and 131 (shown in FIGS. 3 and 4, respectively). This method secures first end 112 of wrap spring 110 to thigh link 102”; fasteners are protrusions protruding from the cover body), for the improvement of securing the connection between the cover to the frame. It would have been obvious for one of ordinary skilled in the art to further modify the known apparatus of Choi, and use protrusions protruding from the cover body to insert into the connector and holder, for the improvements taught by Kazerooni. Such modification is within the capabilities of one of ordinary skill in the art and would have yielded predicted result of securing the connection between the cover and the connector.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20130296746 discloses a motion assist apparatus with cover protrusions.
US5575764 discloses a motion assist apparatus with a pair of connector wings shaped for corresponding holders.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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