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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of the co-pending U.S. Patent No. 12,515,312. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed scope of the stent application is effectively the same as the co-pending claim 1 with only minor structural changes.
Co-pending 12,515,312
Current application
Claim 1, A method comprising:
applying a plurality of actuation signals produced using a machine-learned movement model and based on an intended movement of a user to one or more augmentation devices worn by the user, the application of the plurality of actuation signals causing an actuated movement of the user, the actuated movement and the intended movement corresponding to a same movement; computing a difference between feedback signals measuring the actuated movement and a plurality of target movement signals representative of the intended movement;
updating the plurality of actuation signals based on the computed signal difference; and applying the updated actuation signals to the one or more augmentation devices worn by the user, the application of the updated actuation signals configured to minimize the signal difference and generate a personalized actuation strategy for the intended movement and the user.
1. A method comprising:
accessing a plurality of actuation signals stored in association with an intended movement of a user, the plurality of actuation signals defining actuation parameters for one or more augmentation devices worn by the user;
updating one or more of the stored actuation signals based on a difference between a plurality of monitored movement signals of the user and a plurality of target movement signals representative of the intended movement; and
applying the updated actuation signals to the one or more augmentation devices worn by the user, the application of the updated actuation signals configured to minimize the difference between the plurality of monitored movement signals and the plurality of target movement signals.
Claim 1, A method comprising:
applying a plurality of actuation signals produced using a machine-learned movement model and based on an intended movement of a user to one or more augmentation devices worn by the user, the application of the plurality of actuation signals causing an actuated movement of the user, the actuated movement and the intended movement corresponding to a same movement; computing a difference between feedback signals measuring the actuated movement and a plurality of target movement signals representative of the intended movement;
updating the plurality of actuation signals based on the computed signal difference; and
applying the updated actuation signals to the one or more augmentation devices worn by the user, the application of the updated actuation signals configured to minimize the signal difference and generate a personalized actuation strategy for the intended movement and the user.
20. A mobility improvement system comprising a non-transitory computer-readable storage medium storing instructions for execution and a hardware processor configured to execute the instructions, the instructions, when executed, cause the hardware processor to perform steps comprising: accessing a plurality of actuation signals stored in association with an intended movement of a user, the plurality of actuation signals defining actuation parameters for one or more augmentation devices worn by the user;
updating one or more of the stored actuation signals based on a difference between a plurality of monitored movement signals of the user and a plurality of target movement signals representative of the intended movement; and applying the updated actuation signals to the one or more augmentation devices worn by the user, the application of the updated actuation signals configured to minimize the difference between the plurality of monitored movement signals and the plurality of target movement signals.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art Sankai (US Pub: 2012/0029399 A1) is cited to teach another type of wearable movement assisting system with continuous user monitoring design as seen in figure 1-6 embodiments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALVIN C. MA whose telephone number is (571)270-1713. The examiner can normally be reached 8:00AM-5:00PM.
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/CALVIN C MA/Primary Examiner, Art Unit 2693 June 26, 2026
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