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 .
Double Patenting
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.
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Claims 1, 11-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-10 of U.S. Patent No. 12396913, hereafter 913’. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claims are the same.
Regarding Claim 1, Claim 1 of 913’ discloses an interface system for an exoskeleton (Claim 1 line 1, An interface system for an exoskeleton) for supporting at least one actuator configured to assist movement of a shoulder of a user (Examiner Notes: the claimed limitations are functional languages and do not structurally distinguish the claimed invention from the reference patent), the interface system comprising: a support belt (Claim 1 line 2, a support belt); a strap assembly (Claim 1 line 3, a strap assembly); and a frame system including a first frame member connected to the strap assembly and extending down and connecting to the support belt (Claim 1, line 9-11, a frame system that includes a first frame member… the first frame member connected to the first shoulder strap of the strap assembly and extending from a user's left or right scapula downward contouring laterally and connecting to the support belt,); and a second frame member connected to the strap assembly and extending down and connecting to the support belt (Claim 1 line 13-15, the frame system includes a second frame member connected to the second shoulder strap of the strap assembly and extending downward contouring laterally and connecting to the support belt); a pivot connection including first and second hinge arms having first ends connecting to the first and second frame members, respectively, and second ends connecting the first and second hinge arms to one another at a hinge (Claim 1 line 19-20, the first frame member connected posteriorly to the second frame member through a pair of hinge arms joined at a pivot connection; the pair of hinge arms in 913’ forms the claimed pivot connection and hinge arms inherently includes a first and second ends).
Regarding Claims 11, 12, 13, 14, 15, 913’ discloses all of the claimed invention (Claims 5, 6, 7, 8, 9, 10).
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.
(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) 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shang (WO20200632976, machine translation accessed 7/6/2026), hereafter Shang.
Regarding Claim 18, Shang discloses an interface system for an exoskeleton (par. 0001-0002, Fig. 1) for supporting at least one actuator configured to assist movement of a shoulder of a user (col. 0006, the interface supports a drive part that actuates to provide assistance to shoulder movement), the interface system comprising: a support belt (See Fig. A, annotated below); a strap assembly (See Fig. A, back strap 53, shoulder straps 56); a frame system (See Fig. A below, first and second frame members) including a first frame member connected to the strap assembly and extending down and connecting to the support belt (See Fig. A, supporting rod 57); and a second frame member connected to the strap assembly and extending down and connecting to the support belt, and a shoulder mount assembly connected to an upper portion of the first frame member (See Fig. A annotated below), and adapted to support a first end of the at least one actuator configured to correspond to a user's shoulder (See Fig. A, a first end of the actuator is coupled to the shoulder mount assembly at 3, Shang par. 0030, "The other end of the support arm 2 is rotatably connected to one end of the rotating arm 4 via the support arm shaft 3").
Regarding Claim 19, Shang discloses the interface system of claim 18, where the shoulder mount assembly includes a shoulder support plate (Fig. 7, a shoulder abduction plate 10 is rotatably mounted to the shoulder support plate 6), and a shoulder abduction plate attached to the shoulder support plate by a pivot connection plate (Fig. 1, connecting arm 10, see Fig. A).
Regarding Claim 20, Shang discloses the interface system of claim 18, wherein the strap assembly includes a first shoulder strap having a first end that connects to an upper portion of the first frame member and a second end that connects to a lower portion of the first frame member (See Fig. A, the first shoulder strap has the claimed connection).
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang, in view of Kim et al. (US11779504), hereafter Kim.
Regarding Claim 1, Shang discloses an interface system for an exoskeleton (par. 0001-0002, Fig. 1) for supporting at least one actuator configured to assist movement of a shoulder of a user (col. 0006, the interface supports a drive part that actuates to provide assistance to shoulder movement), the interface system comprising: a support belt (See Fig. A, annotated below); a strap assembly (See Fig. A, back strap 53, shoulder straps 56); and a frame system (See Fig. A below, first and second frame members) including a first frame member connected to the strap assembly and extending down and connecting to the support belt (See Fig. A, supporting rod 57); and a second frame member connected to the strap assembly and extending down and connecting to the support belt (See Fig A, supporting rod 57).
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Fig. A, adapted from Shang Fig. 1
Shang is silent on a pivot connection including first and second hinge arms having first ends connecting to the first and second frame members, respectively, and second ends connecting the first and second hinge arms to one another at a hinge.
However, Kim teaches an interface system for an exoskeleton (Fig. 1), comprising of a mounting link (mounting link 130), first and second frame member (Fig. 1, first and second shoulder frame 200 and 220), and a pivot connection including first and second hinge arms (Fig. 1, pivot connection formed by two supporting links 700) having first ends connecting to the first and second frame members (col. 9 line 4-7, "the one end of the support link 700 may be coupled to the second shoulder frame 220 via a rotational shaft"), respectively, and second ends connecting the first and second hinge arms to one another at a hinge (Fig. 1 col. 9 line 4-19, the second ends are connected at a hinge at 100). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known system of Shang, with the interface system of Kim, to counteract the force from the shoulder transmitted to the body as taught by Kim (Kim, col. 8 line 44-53).
Regarding Claim 2, the modified Shang discloses the interface system according to claim 1, wherein the first frame member and the second frame member contour laterally in opposed directions (See Fig A, annotated above).
Regarding Claim 3, the modified Shang discloses the interface system of claim 1, wherein the first end of the first hinge arm is pivotally connected to the first frame member (Kim Fig. 1, a first hinge arm 700 is pivotally connected to a first frame member 200, col. 8 line 45-47, "The support link 700 is coupled at one end thereof to the shoulder frame 200 so as to be rotated about a rotational axis").
Regarding Claim 4, the modified Shang discloses the interface system of claim 1, wherein the first end of the second hinge arm is pivotally connected to the second frame member (Kim Fig. 1, col. 9 line 4-6, "the one end of the support link 700 may be coupled to the second shoulder frame 220 via a rotational shaft").
Regarding Claim 5, the modified Shang discloses the interface system of claim 1, further comprising the strap assembly including a first shoulder strap having a first end connecting to an upper portion of the first frame member and a second end connecting to a lower portion of the first frame member (See Fig. A, the first shoulder strap has the claimed connection).
Regarding Claim 6, the modified Shang discloses the interface system of claim 5, wherein the strap assembly includes a second shoulder strap having a first end connecting to an upper portion of the second frame member and a second end connecting to a lower portion of the second frame member (See Fig. A, the second shoulder strap has the claimed connection).
Regarding Claim 7, the modified Shang discloses the interface system of claim 5, wherein the strap assembly includes a first scapular pad configured for placement at a user's left or right scapula (See Fig. A, back plate 54, Shang Fig. 3 shows the pad being placed at a user's scapula), and the first frame member extends from the first scapular pad downward contouring laterally and connecting to a contact portion of the support belt (Fig. A, the first frame member extends down from the scapular pad connecting to the support belt at 32) without contact of the first frame member and a user between the first scapular pad and the contact portion of the support belt (See Shang Fig. 1 and 2, the frame members are concaved outward from the strap assembly, therefore the frame members do not come in contact with a user).
Regarding Claim 8, the modified Shang discloses the interface system of claim 1, further comprising a first shoulder mount assembly connected to an upper portion of the first frame member (See Fig. A annotated above), and adapted to support a first end of the at least one actuator configured to correspond to a user's shoulder (See Fig. A, a first end of the actuator is coupled to the shoulder mount assembly at 3, Shang par. 0030, "The other end of the support arm 2 is rotatably connected to one end of the rotating arm 4 via the support arm shaft 3").
Regarding Claim 9, the modified Shang discloses the interface system of claim 8, wherein the first shoulder mount assembly comprises a shoulder abduction plate (Shang Fig. 1, connecting arm 10, see Fig. A) pivotally attached to a shoulder support plate (Shang Fig. 7, the shoulder abduction plate 10 is rotatably mounted to the shoulder support plate 6).
Regarding Claim 10, the modified Shang discloses the interface system of claim 8, further comprising a humeral cuff (See Fig. A, annotated above) supporting a second end of the at least one actuator and configured to extend about an arm of a user (Shang par. 30, "The arm mechanism includes a support arm 2, one end of which is connected to a support frame 1 that supports the arm").
Regarding Claim 11, the modified Shang discloses the interface system of claim 1, wherein the first frame member and the second frame member each have a respective length to extend to the support belt configured for placement at a user's lower thoracic vertebrae (See Shang Fig. 3 and 4, the frame members extend down at a user's lower thoracic vertebrae).
Regarding Claim 12, the modified Shang discloses the interface system of claim 11, wherein the first frame member and the second frame member each have a respective length to extend to the support belt configured for placement at a user's iliac crest (See Shang Fig. 3 and 4, the end of the frame members extend to a user's iliac crest).
Regarding Claim 13, the modified Shang discloses the interface system of claim 1, wherein the first frame member and the second frame member each extend downward contouring laterally and connecting to the support belt in a symmetric manner with respect to a sagittal plane of a user (See Shang Fig. 1-4, the first and second frame member have the claimed geometry relationship).
Regarding Claim 14, the modified Shang discloses the interface system of claim 1, where the support belt includes a first hip pad at the connection of the first frame member to the support belt (See Fig. A, annotated above, See Shang Fig. 2, the figures show the support belt includes a hip pad).
Regarding Claim 15, the modified Shang discloses the interface system of claim 1, further comprising an adjustable strap, elastic mechanism, or spring mechanism connecting an upper portion of the first frame member to an upper portion of the second frame member such that the adjustable strap, elastic mechanism, or spring mechanism prevents lateral separation of the upper portion of the first frame member from the upper portion of the second frame member beyond a predetermined distance (See Fig. A, Shang Fig. 1 and 2, binding strap 55, par. 0035, "There is a binding strap 55 between the upper part of the support rod 57 in the support part and the arm strap 56 in the wearing part to prevent the support rod 57 from tilting.").
Regarding Claim 16, the modified Shang discloses the interface system of claim 1, further comprising an adjustable strap, elastic mechanism, or spring mechanism (Fig. A, Shang Fig. 1 and 2) connecting an upper portion of a first hinge plate to an upper portion of a second hinge plate (Shang Fig. 1 and 5, Fig. 5 shows a hinge plate labeled as B, the strap connects the first and second hinge plate as shown in Fig. 1) such that the adjustable strap, elastic mechanism, or spring mechanism prevents lateral separation of the first hinge plate from the second hinge plate beyond a predetermined distance (Shang par. 0035).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang in view of Kim, further in view of Vinson (US20120227209), hereafter Vinson.
Regarding Claim 17, the modified Shang discloses the interface system of claim 6, but is silent on wherein the strap assembly includes an anterior chest strap connecting the first shoulder strap and the second shoulder strap to accommodate required chest dimensions.
However, Vinson teaches a harness system (Abstract, Fig. 1), comprising of a strap assembly (Fig. 1, system 100), the strap assembly includes a first shoulder strap and a second shoulder strap (Fig. 1, shoulder straps 110), and an anterior chest strap connecting the first shoulder strap and the second shoulder strap to accommodate required chest dimensions (Fig. 1, strap 112, par. 0024, “System 100 may include one or more front supports, such as tie strap 112, for coupling shoulder straps 110 with one another, for example, in front of the user adjacent the user's chest or mid-section”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known interface system of Shang, with the system of Vinson, and include an anterior chest strap for purposes such as fit, comfort, adjustability and accommodating users of various sizes as taught by Vinson (Vinson par. 0024).
Conclusion
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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