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 § 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 (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 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.
Claim(s) 1 – 6, 20 & 23 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Ong et al. (WO 2021123795 A1).
Regarding claim 1, An apparatus for treating tremors in a subject (Abstract), the apparatus comprising:
a wearable base 10 configured to be worn over at least a part of a joint of the subject (Figure 1 / Page 12, lines 24 - 25);
at least one flywheel-spring-damper (FSD) (rotatable flywheel assembly 23 / Page 15, lines 4 – 8, spring 35 / Page 16, lines 19 – 28, damper 42 / Page 17, last paragraph) system 11 (Page 15, lines 4 – 8) comprising:
at least one housing 17 configured to be coupled to the wearable base 10 (Abstract); and
at least one flywheel 24 configured to counteract tremor movements in the subject (Page 17, lines 1 – 14), wherein the flywheel-spring damper system 11 (Page 15, lines 4 – 8) is configured to be coupled to the wearable base 10 (Figure 1 / Abstract).
Regarding claim 2, Ong discloses the apparatus as claimed in claim 1.
Ong discloses wherein the wearable base 10 is configured to be worn over at least a joint of an outer extremity of the subject (Figure 1), and wherein the at least one flywheel 24 is configured to counteract tremor movements in the outer extremity of the subject. (Abstract)
Regarding claim 3, Ong discloses the apparatus as claimed in claim 2.
Ong discloses wherein the outer extremity is a hand of the subject (Figure 1), and wherein the wearable base 10 is configured to be worn over a wrist and/or at least a portion of the hand of the subject (Page 12, lines 24 - 26).
Regarding claim 4, Ong discloses the apparatus as claimed in claim 1.
Ong discloses wherein the FSD system 11 further comprises a spring system comprising at least one spring element configured to be directly or indirectly coupled to the at least one flywheel and the subject (Page 17, lines 15 - 27).
Regarding claim 5, Ong discloses the apparatus as claimed in claim 4.
Ong discloses wherein the at least one spring element 35 comprises at least a first spring element and a second spring element. (Page 17, lines 15 - 27)
Regarding claim 6, Ong discloses the apparatus as claimed in claim 4.
wherein the at least one spring element 35 comprises one or more gas springs. (Page 22 , lines 24 – 29 – Page 23, lines 1 – 10)
Regarding claim 20, Ong discloses the apparatus as claimed in claim 4.
Ong discloses wherein the flywheel-spring-damper system 11 further comprises an adjustment element configured to adjust a spring constant of the at least one spring element. (Page 22, lines 28 – 29 – Page 23, lines 1 – 4)
Regarding claim 23, Ong discloses the apparatus as claimed in claim 20.
Ong discloses wherein the adjustment element is configured to change a gas or fluid pressure of gas or fluid springs. (Page 23, lines 5 – 10)
Claim 1 - 5, 7, 11, 16, 27 & 29 are rejected under 35 U.S.C. 102 as being unpatentable over Narula et al. (WO 2020/206126 A1)
Regarding claim 1, An apparatus for treating tremors in a subject (Paragraph 0005), the apparatus comprising:
a wearable base 110 configured to be worn over at least a part of a joint of the subject (Figure 1 / Paragraph 0045);
at least one flywheel-spring-damper (FSD) system 120 (Paragraph 0047) comprising:
at least one housing 125 configured to be coupled to the wearable base 110 (Paragraph 0045 – 0047); and
at least one flywheel 210 configured to counteract tremor movements in the subject (Paragraph 0047 - 0048), wherein the flywheel-spring damper system 120 (Paragraph 0047) is configured to be coupled to the wearable base 110 (Paragraph 0045).
Regarding claim 2, Narula discloses the apparatus as claimed in claim 1.
Narula discloses wherein the wearable base 110 is configured to be worn over at least a joint of an outer extremity of the subject (Figure 1), and wherein the at least one flywheel 210 is configured to counteract tremor movements in the outer extremity of the subject. (Paragraph 0047 / Figure 1)
Regarding claim 3, Narula discloses the apparatus as claimed in claim 2.
Narula discloses wherein the outer extremity is a hand of the subject (Figure 1), and wherein the wearable base 110 is configured to be worn over a wrist and/or at least a portion of the hand of the subject (Paragraph 0005).
Regarding claim 4, Narula discloses the apparatus as claimed in claim 1.
Narula discloses wherein the FSD system 120 further comprises a spring system 220 comprising at least one spring element configured to be directly or indirectly coupled to the at least one flywheel 210 and the subject (Paragraph 0048).
Regarding claim 5, Narula discloses the apparatus as claimed in claim 4.
Narula discloses wherein the at least one spring element 35 comprises at least a first spring element and a second spring element. (Paragraph 0048)
Regarding claim 7, Narula discloses the apparatus as claimed in claim 1.
Narula discloses further comprising a mechanical advantage mechanism 1003 configured to be coupled to the at least one flywheel 210 (Note: the examiner considers this to be an indirect coupling) to amplify a rotational motion of the at least one flywheel 210 and increase its effective mass to better counteract a subject's tremor (Paragraph 0080).
Regarding claim 11, Narula discloses the apparatus as claimed in claim 1.
Narula discloses further comprising at least one rack and pinion system and/or ball-screw system configured to increase the effective mass of the at least one flywheel. (Paragraph 0081)
Regarding claim 16, Narula discloses the apparatus as claimed in claim 7.
Narula discloses wherein one or more secondary mechanical advantage mechanisms 1003 (Note: Figure 10C – 10E discloses two separate parts of the mechanism) are configured to be coupled to at least one force transmission system 210 to amplify the tremor movements transmitted by an outer extremity to the at least one flywheel 210. (Paragraph 0080)
Regarding claim 27, Narula discloses the apparatus as claimed in claim 7.
Narula discloses further comprising a mechanical advantage mechanism 1003 configured to change (Note: the examiner considers this to be an indirect change made to the flywheel) an effective mass of the flywheel 120 by changing an extent of the mechanical advantage 1003. (Paragraph 0080)
Regarding claim 29, Narula discloses the apparatus as claimed in claim 7.
Narula discloses wherein the mechanical advantage mechanism is configured to adjust a gear ratio or drive ratio of the mechanical advantage mechanism applied to the flywheel. (Paragraph 0080 – 0081)
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 - 22, 37 – 39 & 49 are rejected under 35 U.S.C. 103 as being unpatentable over Ong et al. (WO 2021123795 A1).
Regarding claim 21, Ong discloses the apparatus as claimed in claim 20.
Ong discloses wherein the adjustment element (as claimed in claim 20)
Ong does not expressly disclose wherein the adjustment element comprises: a first adjustment element configured to adjust a spring constant of a first spring element; and a second adjustment element configured to adjust a spring constant of a second spring element.
However, Ong does disclose two springs found in the mechanism. (Figure 3A – 3B)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Ong to include wherein the adjustment element comprises: a first adjustment element configured to adjust a spring constant of a first spring element; and a second adjustment element configured to adjust a spring constant of a second spring element as it would make the two springs work in the same way in order to be able to compress or extend the springs the same way on both sides of the mechanism. (Page 22, lines 28 – 29 – Page 23, lines 1 – 4)
Regarding claim 22, Ong discloses the apparatus as claimed in claim 21.
Ong discloses wherein the first and second adjustment elements are configured to engage or disengage the at least one spring element. (Page 23, lines 1 – 4)
Regarding claim 37, Ong discloses the apparatus as claimed in claim 1.
Ong does not expressly disclose further comprising a second wearable base configured to be worn over at least part of the joint of the subject different than the first wearable base.
However, it does disclose the use of a plurality of gyroscope device 11 with a mount 15 in the same part at the same time. (Page 13, lines 10 – 25)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Ong to include a second wearable base configured to be worn over at least part of the joint of the subject different than the first wearable base as it may act to stabilize tremors in the same body part when being used for a specific purpose. The reference allows for a gyroscope device in the hand and the forearm which focuses on the saddle joint which is between the hand and forearm. The mount (i.e. base 15) is what is used to connect the gyroscope device (11) to the user’s body. (Page 13, lines 23 – 25) The combination of both devices will help stabilize tremors in the hand with providing a steady hand for performing a task. (Page 13, lines 10 – 22)
Regarding claim 38, Modified Ong discloses the apparatus as claimed in claim 37.
Modified Ong wherein the second wearable base 15 comprises a second FSD system 11. (Page 13, lines 23 - 25)
Regarding claim 39, Ong discloses the apparatus as claimed in claim 1.
Ong does not expressly disclose further comprising a secondary flywheel configured to function in parallel or in series with the at least one flywheel.
However, It does disclose a plurality of gyroscope devices together apply a cumulative net gyroscopic moment to the body when the state of equilibrium of the body is perturbed. (page 12, lines 17 – 20)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Ong to include a secondary flywheel configured to function in parallel or in series with the at least one flywheel as it is able to apply a cumulative net moment and can cooperate with each other to stabilize the tremors. (page 12, lines 17 – 20 / Page 13, lines 10 – 22)
Regarding claim 49, Ong discloses the apparatus as claimed in claim 1.
Ong discloses wherein a spring constant of the FSD system is configured to be manually adjusted by the subject. (Page 9, lines 14 – 19)
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Ong et al. (WO 2021123795 A1) as claimed in claim 1, in further view of Deshpande et al. (WO 2015095459 A1).
Regarding claim 40, Ong discloses the apparatus as claimed in claim 1.
Ong discloses further comprising at least one sensor 49 configured to measure and transmit movement information of the subject (Page 24, lines 5 – 11);
wherein the movement information comprises one or more of frequency, amplitude, or timings of tremors of the subject (Page 24, lines 12 – 29); and
a controller 50 configured to automatically calibrate one or more settings of the FSD system to optimize damping of the subject's tremor movements based on the analyzed movement information (Page 26, lines 12 – 27).
Ong does not disclose a software module configured to receive the movement information measured by the at least one sensor and record and analyze the measured movement information.
Deshpande discloses a computing device which contains memory to record any program and data that comes from the sensors. (Page 12, last paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Ong to include a software module configured to receive the movement information measured by the at least one sensor and record and analyze the measured movement information as it would allow the data to be detected, stored and analyzed for any scientific or other purpose that is wanted for this device. (Page 11, last paragraph) The computer will also include a processor that is able to interpret and execute program instructions and process data that is stored in the memory of the computer. (Page 12, last paragraph)
Conclusion
Other references that disclose a similar device limitations are: US 2018/0266820 A1 & GB 2598861 A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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