`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/810,611
`
`06/25/2010
`
`Takashi Kawakami
`
`BPO— 108US
`
`7939
`
`EXAMINER
`RATNERPRESTIA —
`PO. BOX 980
`CHEN, RAYMOND GUANWAY
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`3771
`
`
`
` NOT *ICATION DATE
`
`DELIVERY MODE
`
`03/28/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`sparodi @ ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 12/810,611 KAWAKAMI ET AL.
`Examiner
`Art Unit
`RAYMOND G. CHEN
`3771
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)|Zl Responsive to communication(s) filed on 25 June 2010.
`
`2a)|:l This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZ CIaim(s)1-_18is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)|:| Claim(s)_ is/are allowed.
`
`7)|Xl Claim(s) 1-_18 is/are rejected.
`
`8)IZI Claim(s) 1 6 713 and 16is/are objected to.
`
`
`9)I:I Claim((s)
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`are subject to restriction and/or election requirement.
`
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
`
`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
`
`Application Papers
`
`10)I:| The specification is objected to by the Examiner.
`
`11)|Xl The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)|X| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)lZl All
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`b)|:l Some * c)I:I None of:
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`1.IXI Certified copies of the priority documents have been received.
`
`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`
`1) IZI Notice of References Cited (PTO-892)
`
`2) E Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date 6/25/2010.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20130315
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 2
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`Art Unit: 3771
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`DETAILED ACTION
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`Currently, claims 1—18 are pending in this application.
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`Drawings
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`1.
`
`The drawings are objected to because of the following informalities:
`
`Figure(s) 1—15 of the drawings fail to comply with 37 CFR 1.84(m) because the
`
`figure(s) appear to have drawings with shading, but the use of shading is improper.
`
`Therefore, it is suggested to submit black and white drawings, as required by 37 CFR
`
`1.84(a)(1) without shading and with durable, clean, black, sufficiently dense and dark,
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`and uniformly thick and well—defined lines, as required by 37 CFR 1.84(1).
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
`
`reply to the Office action to avoid abandonment of the application. Any amended
`
`replacement drawing sheet should include all of the figures appearing on the immediate
`
`prior version of the sheet, even if only one figure is being amended. The figure or figure
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`number of an amended drawing should not be labeled as “amended.” If a drawing figure
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`is to be canceled, the appropriate figure must be removed from the replacement sheet, and
`
`where necessary, the remaining figures must be renumbered and appropriate changes
`
`made to the brief description of the several views of the drawings for consistency.
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`Additional replacement sheets may be necessary to show the renumbering of the
`
`remaining figures. Each drawing sheet submitted after the filing date of an application
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`must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the
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`applicant will be notified and informed of any required corrective action in the next
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`Office action. The objection to the drawings will not be held in abeyance.
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`

`

`Application/Control Number: 12/8 10,61 1
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`Page 3
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`Art Unit: 3771
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`Claim Objections
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`2.
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`Claims 1, 6, 7, 13 and 16 objected to because of the following informalities:
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`Claim 1 lacks proper antecedent basis for “the other bone” (line 3) and “the other
`
`end” (line 6).
`
`Claim 1 recites “a joint” (line 2), but also recites “a user’s joint” (lines 11—12). It
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`is suggested to maintain consistent terminology and the second recitation of a joint
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`should be changed to ——the joint—— since proper antecedent basis has been provided.
`
`Claim 6 lacks proper antecedent basis for “the other side” (line 4).
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`Claim 7 lacks proper antecedent basis for “the two artificial muscles” (line 2).
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`Claim 13 lacks proper antecedent basis for “the first attachment of the artificial
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`muscle” (lines 3—4).
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`Claim 16 lacks proper antecedent basis for “the other end of the wire” (line 4).
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 112
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`3.
`
`The following is a quotation of 35 USC. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the
`invention, and of the manner and process of making and using it, in such full, clear,
`concise, and exact terms as to enable any person skilled in the art to which it pertains, or
`with which it is most nearly connected, to make and use the same, and shall set forth the
`best mode contemplated by the inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of 35 USC. 112 (pre—AIA), first paragraph:
`
`The specification shall contain a written description of the invention, and of the manner
`and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same and shall set forth the best mode contemplated by
`the inventor of carrying out his invention.
`
`

`

`Application/Control Number: 12/8 10,61 1
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`Page 4
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`Art Unit: 3771
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`4.
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`Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, because the specification, while being enabling for the muscle force
`
`assisting device assists motion of a user’s elbow, knee or wrist, does not reasonably
`
`provide enablement for the muscle force assisting device assists motion of a user’s
`
`elbow, knee and wrist. The specification does not enable any person skilled in the art to
`
`which it pertains, or with which it is most nearly connected, to make or use the invention
`
`commensurate in scope with these claims.
`
`The claimed invention recites that the muscle force assisting device assists motion
`
`of a user's elbow, knee and wrist. This recitation requires that the muscle force assisting
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`device is capable of assisting motion for the user’s elbow, knee and wrist, which is
`
`interpreted as all the joints being assisted while using the device. However, according to
`
`the structure as shown in figures 1—8 of the drawings, one skilled in the art would not
`
`know how to make or use the device such that the device would assist motion of all of a
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`user's elbow, knee and wrist. There are only two attachments on the device, so how
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`would the device attach to the bones of the elbow, knee and wrist? Therefore, the
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`disclosure does not enable one skilled in the art to make or use the invention.
`
`5.
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`Claims 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, because the specification, while being enabling for an actuator that is
`
`actuated by supplying a substance such as gas, liquid, solid or any mixture thereof,
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`does not reasonably provide enablement for an actuator that is extensible by
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`supplying or discharging a substance. The specification does not enable any person
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`skilled in the art to which it pertains, or with which it is most nearly connected, to make
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`and use the invention commensurate in scope with these claims.
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 5
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`Art Unit: 3771
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`According to the state of the art, it is understood that when air is input into the air
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`bladder that makes up the actuator, the actuator would rapidly contract, thus acting like a
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`contacting muscle (see page 3, paragraph [0040] of Koeneman). However, the
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`specification does not clearly enable one skilled in the art to cause the actuator to extend
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`when the actuator is supplied with air. Even further, the specification does not enable
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`one skilled in the art to discharge the air from the actuator to extend the actuator. The
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`specification merely states that the invention works in the claimed manner, but does not
`
`describe how the actuator extends by supplying or discharging a substance. Therefore,
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`disclosure does not enable one skilled in the art to make or use the invention.
`
`6.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(B) CONCLUSION—The specification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the inventor or
`a joint inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre—AIA), second paragraph:
`
`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
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`7.
`
`Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-
`
`AIA the applicant regards as the invention.
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`Regarding claim 1, the phrase "such as" renders the claim indefinite because it is
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`unclear whether the limitations following the phrase are part of the claimed invention.
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`See MPEP § 2173.05(d).
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 6
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`Art Unit: 3771
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`Regarding claims 3, 5 and 14, the term "can" renders the claim indefinite because
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`it is unclear whether the limitations following the term are part of the claimed invention.
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`Does the path—restricting section turn or not?
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`The remaining claims are rejected due to their dependencies on rejected claims.
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`Claim Rejections - 35 USC § 101
`
`8.
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
`conditions and requirements of this title.
`
`Section 33(a) of the America Invents Act reads as follows:
`
`Notwithstanding any other provision of law, no patent may issue on a claim directed to or
`encompassing a human organism.
`
`9.
`
`Claims 1, 11-13 and 18 are rejected under 35 U.S.C. 101 and section 33(a) of
`
`the America Invents Act as being directed to or encompassing a human organism.
`
`See also Animals - Patentability, 1077 Ofi‘. Gaz. Pat. Ofi‘ice 24 (April 21, 1987)
`
`(indicating that human organisms are excluded from the scope of patentable subject
`
`matter under 35 U.S.C. 101).
`
`Claim 1 recites “a first attachment arranged along one bone of a joint” (line 2); “a
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`second attachment arranged along the other bone of the joint” (lines 3—4); and “the
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`muscle force assisting device assists motion of a user’s joint such as an elbow, a knee and
`
`a wrist" (lines 11—12).
`
`Claims 11 and 18 recite “the first attachment is attached to an upper arm” (line 2);
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`“the second attachment is attached to a forearm” (lines 2—3); and “the artificial muscle is
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`located outside of the elbow" (lines 3—4).
`
`

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`Application/Control Number: 12/8 10,61 1
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`Page 7
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`Art Unit: 3771
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`Claim 12 recites “a guide is provided on the second attachment along the other
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`bone" (lines 2—3); and "the path—restricting section is provided on an end of the guide of
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`the side of the joint” (lines 3—4).
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`Claim 13 recites “a fixed end of the first attachment of the artificial muscle is
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`always located outside of the joint” (lines 3-4).
`
`However, it is suggested to include an “adapted to” clause to exclude body parts
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`of a human organism from the scope of the patentable subject matter.
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`Claim Rejections - 35 USC § 102
`
`10.
`
`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:
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`A person shall be entitled to a patent unless ,
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in the
`United States.
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`11.
`
`Claim 1 is rejected under 35 U.S.C. 102(b) as being anticipated by Koeneman
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`(2004/0267331).
`
`Regarding claim 1, figure 9 of Koeneman shows a muscle force assisting device
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`200 (see abstract, lines 1—2) having: a forearm attachment (first attachment arranged
`
`along one bone of a joint); a hand attachment (second attachment arranged along an other
`
`bone of the joint) and an artificial muscle 206 having a right end (one end) provided on
`
`the first attachment and having a left end (an other end) provided on the second
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`attachment, and the artificial muscle 206 is an actuator that is extensible by supplying air
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`(a substance such as gas) (see page 3, paragraph [0040]); the device 200 assists motion of
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`a user’s wrist (see figure 9); and the device has a housing with a cavity for containing the
`
`

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`Application/Control Number: 12/8 10,61 1
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`Page 8
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`Art Unit: 3771
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`actuator 206, which is considered a path—restricting section that restricts a path of the
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`artificial muscle provided on the first attachment.
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`Claim Rejections - 35 USC § 103
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`12.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`This application currently names joint inventors. In considering patentability of
`
`the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the
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`various claims was commonly owned at the time any inventions covered therein were
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`made absent any evidence to the contrary. Applicant is advised of the obligation under
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`37 CFR 1.56 to point out the inventor and invention dates of each claim that was not
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`commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
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`prior art under 35 U.S.C. 103(a).
`
`13.
`
`Claims 1-3, 5-9, 11-15 and 18 are rejected under 35 U.S.C. 103(3) as being
`
`unpatentable over Koeneman (2004/0267331) in View of Okazaki (2007/0144299).
`
`Regarding claim 1, figure 9 of Koeneman shows a muscle force assisting device
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`200 (see abstract, lines 1—2) having: a forearm attachment (first attachment arranged
`
`along one bone of a joint); a hand attachment (second attachment arranged along an other
`
`bone of the joint) and an artificial muscle 206 having a right end (one end) provided on
`
`the first attachment and having a left end (an other end) provided on the second
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`attachment, and the artificial muscle 206 is an actuator that is extensible by supplying air
`
`

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`Application/Control Number: 12/8 10,61 1
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`Page 9
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`Art Unit: 3771
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`(a substance such as gas) (see page 3, paragraph [0040]); and the device 200 assists
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`motion of a user’s wrist (see figure 9).
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`Koeneman is silent about a path—restricting section that restricts a path of the
`
`artificial muscle being provided on the first attachment.
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`However, figures 17A and 17B of Okazaki teach a path—restricting section 100a,
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`100b, 105a, 105b is provided on a first attachment 1 and the path—restricting section 100a,
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`100b, 105a, 105b restricts a path of the artificial muscle 6a, 104a. Additionally, figures
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`15, 19A and 19B of Okazaki also teach a path—restricting section 9 provided on a first
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`attachment 1 that restricts a path of the artificial muscle 6a.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to provide Koeneman's device with a path—restricting
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`section, as taught by Okazaki, to prevent moving parts from unintentionally colliding
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`with each other which may result in wearing and to limit motion within acceptable ranges
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`to prevent excessively uncomfortable range of motions (see page 11, paragraph [0148] of
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`Okazaki).
`
`Regarding claim 2, the modified Koeneman’s path—restricting section (100a, 100b,
`
`105a, 105b; figures 17A and 17B of Okazaki) is provided on the first attachment (1 of
`
`Okazaki; see figure 9 of Koeneman) and the path—restricting section (100a, 100b, 105a,
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`105b of Okazaki) restricts approach of the artificial muscle (206 of Koeneman; 6a of
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`Okazaki) toward the joint (208 of Koeneman; 3 of Okazaki). Additionally, the modified
`
`Koeneman’s path—restricting section (9; figures 15, 19A, 19B of Okazaki) is provided on
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`the first attachment (1 of Okazaki; see figure 9 of Koeneman) and the path—restricting
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 10
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`Art Unit: 3771
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`section (9 of Okazaki) restricts approach of the artificial muscle (206 of Koeneman; 104a,
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`6a of Okazaki) toward the joint (208 of Koeneman; 3 of Okazaki).
`
`Regarding claim 3, the modified Koeneman’s path—restricting section (9 of
`
`Okazaki) is provided on the first attachment (see figure 9 of Koeneman; 1 of Okazaki)
`
`such that the path—restricting section (9 of Okazaki) turns relative to the first attachment
`
`(see figures 2A, 2B, 19A and 19B of Okazaki)
`
`Regarding claim 5, the modified Koeneman’s path—restricting section (100a, 100b,
`
`105b, 105a of Okazaki) has a supporting member (105a, 105b of Okazaki) mounted on
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`the first attachment (1 of Okazaki; see figure 9 of Koeneman); and a holding member
`
`(100a, 100b of Okazaki) that holds the artificial muscle (104a, 6a of Okazaki; 206 of
`
`Koeneman); and the supporting member and the holding member slide relative to the
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`artificial muscle in a longitudinal direction (see figures 17A and 17B of Okazaki).
`
`Regarding claim 6, the modified Koeneman’s supporting member has a one— side
`
`supporting piece (105a of Okazaki) provided on one side of the first attachment (1 of
`
`Okazaki; see figure 9 of Koeneman); and an other—side supporting piece (105b of
`
`Okazaki) provided on an other side of the first attachment (1 of Okazaki; see figure 9 of
`
`Koeneman).
`
`Regarding claim 7, the modified Koeneman’s device has two artificial muscles
`
`(206, 206’ of Koeneman; 6a, 104a, 6b, 104b of Okazaki) arranged in parallel to each
`
`other (see figures 17A and 17B of Okazaki and 9 of Koeneman); the holding member has
`
`one—artificial muscle holding piece (100a of Okazaki) that holds one artificial muscle
`
`(104a, 6a of Okazaki; 206 of Koeneman) and an other—artificial muscle holding piece
`
`(100b of Okazaki) that holds an other artificial muscle (104b, 6b of Okazaki; 206’ of
`
`

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`Application/Control Number: 12/8 10,61 1
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`Page 1 1
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`Art Unit: 3771
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`Koeneman) of the two artificial muscles; the one—artificial muscle holding piece (100a of
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`Okazaki) is provided on the one—side supporting piece (105a of Okazaki); and the other—
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`artificial muscle holding piece (100b of Okazaki) is provided on the other—side supporting
`
`piece (105b of Okazaki).
`
`Regarding claim 8, the modified Koeneman's first attachment (see figure 9 of
`
`Koeneman; 1 of Okazaki) is separated into a top side (one—side first attachment) and a
`
`bottom side (other side first attachment); the second attachment (see figure 9 of
`
`Koeneman; 2 of Okazaki) is separated into a top side (one side second attachment) and a
`
`bottom side (other side second attachment); the one artificial muscle holding piece (100a
`
`of Okazaki) and other artificial muscle holding piece (100b of Okazaki) are separated
`
`from each other (see figure 9 of Koeneman and figures 17A and 17B of Okazaki).
`
`Regarding claim 9, the modified Koeneman’s other end of the artificial muscle
`
`(206 of Koeneman; 6a of Okazaki) is provided on the second attachment (see figure 9 of
`
`Koeneman; 2, 5 of Okazaki) through a guide mechanism (8a of Okazaki) and the other
`
`end of the artificial muscle moves along the guide mechanism (see figures 19A and 19B
`
`of Okazaki).
`
`Regarding claim 11, the modified Koeneman’s first attachment is attached to a
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`forearm, the second attachment is attached to a hand, and the artificial (206 of
`
`Koeneman) located outside of the wrist.
`
`Although the modified Koeneman's device is capable of being attached to the
`
`upper arm and forearm and used on the elbow, but if not, figure 3 of Koeneman teaches a
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`first attachment attached to a forearm, a second attachment attached to a forearm and
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`wrist, and an actuator located outside the elbow.
`
`

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`Application/Control Number: 12/8 10,61 1
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`Page 12
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`Art Unit: 3771
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to modify the modified Koeneman's device with being used
`
`on the elbow, as taught by figure 3 of Koeneman, to provide therapeutic and
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`rehabilitative benefit to other joints, such as the elbow.
`
`Regarding claim 12, the modified Koeneman’s device has a guide (8a of Okazaki)
`
`provided on the second attachment (see figure 9 of Koeneman; 2, 5 of Okazaki) adapted
`
`to be along the other bone, and the path restricting section (9 of Okazaki) is adapted to be
`
`provided on an end of the guide (8a of Okazaki) on the side of the joint (3 of Okazaki;
`
`208 of Koeneman).
`
`Regarding claim 13, the modified Koeneman’s device has a straight line
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`connecting a terminal end of the path—restricting section (10b of Okazaki) and a fixed end
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`of the right side of the artificial muscle that attaches to the first attachment (see figure 9
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`of Koeneman; see figure 15 of Okazaki) and the line is located outside of the joint (3 of
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`Okazaki; 208 of Koeneman).
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`Regarding claim 14, the modified Koeneman’s left end (other end) of the artificial
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`muscle (206 of Koeneman; 6a of Okazaki) is provided on the guide (8a of Okazaki) such
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`that the other end can slide (see figure 15 of Okazaki).
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`Regarding claim 15, the modified Koeneman’s device has controller box (18 of
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`Koeneman) for controlling the artificial muscle (206 of Koeneman) by supplying air
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`(tension—giving member) (see pages 3—4, paragraph [0042] of Koeneman) and the air
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`causes artificial muscle to contract (pull the other end of the artificial muscle toward the
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`one end of the artificial muscle).
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 13
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`Art Unit: 3771
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`Regarding claim 18, the modified Koeneman’s device has the first attachment
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`attached to an upper arm, the second attachment attached to a forearm and the artificial
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`muscle located outside of the elbow (see figure 3 of Koeneman).
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`14.
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`Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Koeneman (2004/0267331) and Okazaki (2007/0144299), as applied to claims 1 and 2
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`above, and further in View of Huang (6,629,334).
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`Regarding claim 4, the modified Koeneman’s path—restricting section has a
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`supporting member (105a of Okazaki) mounted on the first attachment (1 of Okazaki; see
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`figure 9 of Koeneman); and a holding member (100a of Okazaki) that holds the artificial
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`muscle (6a of Okazaki; 206 of Koeneman).
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`The modified Koeneman’s section is silent about a pin hole of the supporting
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`member, a pin hole of the holding member, a connection pin and the pin hole being a
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`long hole.
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`However, figures 2 and 4 of Huang teaches a pin hole 310 on a supporting
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`member 31 and the pin hole 310 is a long hole since it extends through the supporting
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`member 31; a pin hole 320 on a holding member 32; and the pin holes 310, 320
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`connected teach each other through a pin 36.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to provide the modified Koeneman's path—restricting section
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`with pin holes and a connection pin, as taught by Huang, to provide a well—known means
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`of attaching and fixing members to allow simple separability in order to repair, clean or
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`replace damaged or worn parts.
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 14
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`Art Unit: 3771
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`15.
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`Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Koeneman (2004/0267331) and Okazaki (2007/0144299), as applied to claims 1, 2
`
`and 9 above, and further in view of Sugar (2007/0129653).
`
`Regarding claim 10, the modified Koeneman’s other end of the artificial muscle
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`(206 of Koeneman) is silent about being biased by an elastic member in a stretching
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`direction of the artificial muscle.
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`However, figure 1 of Sugar teaches a spring 20 (elastic member) that applies a
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`pushing force (biased in a stretching direction) (see page 3, paragraph [0029]) on the
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`artificial muscle 12 toward both ends (other end of the artificial muscle).
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to provide the modified Koeneman's artificial muscle with
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`an elastic member, as taught by Sugar, to create desired forces that maintain the actuators
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`in an extended position when not contracted or to maintain the joint in a neutral position
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`to avoid uncomfortable bending of the user’s joint.
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`16.
`
`Claims 15, 16 and 17 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Koeneman (2004/0267331) and Okazaki (2007/0144299), as
`
`applied to claims 1 and 12 above, and further in view of Yates (4,644,938).
`
`Regarding claim 15, the modified Koeneman’s device is silent about a tension—
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`giving member that pulls the other end of the artificial muscle toward the one end.
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`However, figures 1 and 3 of Yates teaches cable portion 19a (tension—giving
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`member) that applied a force that pulls the top end (other end) of the artificial muscle 19
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`toward the lower end (one end) of the artificial muscle 19.
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 15
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`Art Unit: 3771
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to provide the modified Koeneman's device with a tension—
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`giving member, as taught by Yates, to allow active motion of the joint as well as passive
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`motion to promote rehabilitation (see col. 1, lines 59—65 of Yates).
`
`Regarding claim 16, the modified Koeneman’s tension—giving member (19a of
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`Yates) is a portion of a cable (wire) and one end of the wire (19a of Yates) is mounted on
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`the top end of the artificial muscle (19 of Yates; 206 of Koeneman) and an other end of
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`the wire 19a is mounted to the first attachment (see figure 9 of Koeneman; 12, 15 of
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`Yates) via bands (14, 18 of Yates).
`
`Regarding claim 17, the modified Koeneman's wire (19a of Yates) has a path of
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`movement that is limited by the path—restricting section (9 of Okazaki) since the artificial
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`muscle (6a of Okazaki; 206 of Koeneman) is restricted by the path—restricting section (9
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`of Okazaki).
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Seto (2001/0029343), Monroe (5,351,602), Hiramatsu (7,299,741)
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`and Kukolj (4,819,547) disclose pneumatic actuators. Erickson (6,067,892), Kaiser
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`(5,891,061), Kramer (5,631,861) and Scott (2006/0094989) disclose wire actuators.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to RAYMOND G. CHEN whose telephone number is
`
`(571)270—5946. The examiner can normally be reached on Mon—Fri from 9am—6pm EST.
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`

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`Application/Control Number: 12/8 10,61 1
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`Page 16
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`Art Unit: 3771
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Justine Yu can be reached on (571) 272—4835. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system, see http://pair—direct.uspto. gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866—217—9197 (toll—free). If you would like assistance from a USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800—786—9199 (IN USA OR CANADA) or 571-272-1000.
`
`/RAYMOND G. CHEN/
`
`Examiner, Art Unit 3771
`
`/Justine R Yu/
`
`Supervisory Patent Examiner, Art Unit 3771
`
`