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 .
Status of Claims
Claims 1-13 and 61-66 are pending and examined below
Response to Arguments
The remarks of 02/20/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record doesn't explicitly teach or disclose all of the elements of claims 1, 9, and 61, in particular applicant argues the following claim language
“wherein, in an unloaded state, the compressible member is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity”
wherein, in a loaded state, the compressible member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity.
Regarding the first bullet point – Figure 3 of Rosendahl disclose a compressible member 22 which is smaller than anterior cavity 10a such that there is a gap as shown from a side view in Figure 3 and a view from the rear in Figure 4. Both of these views correspond to an unloaded state of the prosthetic foot.
Regarding the second bullet point – Figure 6a-c correspond to a loaded state of the prosthetic foot. These figures disclose that in a loaded state the compressible member 22 expands the gaps. Component 22 is further described in the specification as a “compressible elastic insert” and therefore is capable of this functional limitation.
Claim Rejections - 35 USC § 103
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) 1-6, 8-10, 12, 13, and 61-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0069450 A1 (McCarvill) in view of US 2011/0320012 (Christensen) in view of US 5,769,896 (Rosendahl)
Regarding claim 1, McCarvill discloses a prosthetic foot (Fig. 2, 200), comprising:
an elongate support member (Fig. 2, 130) of carbon filament material (¶0036, “carbon fiber”) having a first surface (Fig. 2, 135); and
an adapter (Fig. 2, 140) comprising:
a compressible member (Fig. 2, 150);
a base portion (Fig. 2, 142) having an anterior contact surface (Fig. 2, 148) and a posterior contact surface (Fig. 2, 142), the posterior contact surface arranged to contact the first surface of the support member (see Fig. 2, wherein 142 is arrange to contact 135) and the anterior contact surface is spaced apart from the first surface of the support member (Fig. 2, see gap 147 between 148 and 135);
a cavity sized to receive the compressible member (¶0053, “one or more cavities”);
and a connector portion (Fig. 2, 141) extending from the base portion (Fig. 2, wherein 141 extends from 142) and configured to releasably secure the prosthetic foot to a prosthesis (¶0004, wherein 14 attached to 18 coupled to a residual limb of an amputee)
McCarvill does not explicitly teach or disclose wherein application of a force to the connector portion compresses the compressible member to dampen movement of the base portion relative to the support member until the anterior contact surface contacts the first surface.
Christensen discloses a connector portion (Fig. 1A, 14) wherein application of a force to the connector portion compresses the damping member (Fig. 1A, 34) to dampen movement of the base portion relative to the leaf spring member (Fig. 1A, see also ¶0025, wherein “stores energy therein when compressed” corresponds to dampening movement between 82 and 42) until the second end contacts the top surface (¶0034, wherein 42 can abut to 82 under greater force)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify McCarvill so that the second end contacts the top surface when compressed, as taught by Christensen, in order to provide a more natural ankle motion (Christensen, paragraph 0034).
McCarvill discloses a compressible member (Fig. 2, 150) and a cavity (¶0053, “one or more cavities) but doesn't explicitly teach or disclose, in an unloaded state, the compressible member is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity and wherein in a loaded state the compressible member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity. Christensen doesn't explicitly teach or disclose that, in an unloaded state, the compressible member is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity and wherein, in a loaded state, the compressible member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity.
Rosendahl discloses a prosthetic foot (Fig. 1) comprising a connector portion (Fig. 1, 24) extending form the base portion (Fig. 1, 10) and configured to releasably secure the prosthetic foot to a prosthesis (Col. 3, Lines 24-28, wherein 24 attaches to a prosthetic limb) wherein in an unloaded state, the compressible member (Fig. 3, 22) is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity (see annotated Fig. 3 wherein the gap is bound by the black square) and wherein in a loaded state the compressible member fills the cavity such that there is no longer the gap defined (See annotated Fig. 6, wherein 22 has expanded to fill the gap annotated in Fig. 3)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the compressible member of McCarvill in view of Christensen to fill the gap in the cavity when in a loaded state, as taught by Rosendahl, in order to simulate the natural motion of the human foot and return the comfort of ankle motion (Col. 5, Lines 32-37)
Regarding claim 2, McCarvill discloses wherein the base portion (Fig. 2, mounting block 142) has a first end (Fig. 2, angled lower mounting surface 145) and a second end (Fig. 2, forward portion 146), the first end (Fig. 2, angled lower mounting surface 145) being fixed relative to the support member (Fig. 2, angled lower mounting surface 145 fixed to upper member 130 via mounting holes 145 and fasteners), and the second end being movable relative to the support member (Paragraph 0050, The mounting member 142 also includes a forward portion 146 configured to project or cantilever over the upper surface 135 of the upper member 130“).
Regarding claim 3, McCarvill discloses wherein the compressible member (Fig. 2, compressible member 150) is deformable (Paragraph 0051, “The resilient element 150 is generally compressible and elastic”) but doesn't explicitly teach or disclose that it fills the cavity when compressed. Christiansen but doesn't explicitly teach or disclose that it fills the cavity when compressed.
Rosendahl discloses a compressible member which is deformable to fill the cavity when compressed (See Annotated Fig. 6 above, wherein 22 fills the cavity when compressed)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the compressible member of McCarvill in view of Christensen to fill the gap in the cavity when in a loaded state, as taught by Rosendahl, in order to simulate the natural motion of the human foot and return the comfort of ankle motion (Col. 5, Lines 32-37)
Regarding claim 4, McCarvill discloses wherein the contact surface (Fig. 2, 148) has a contoured shape (¶0050, “In one embodiment, the lower surface 148 has a convex curvature, however, other surface configurations may also be provided, including but not limited to straight or concave”).
Regarding claim 5, McCarvill discloses wherein the compressible member (Fig. 2, compressible member 150) when compressed, is retained entirely within the cavity (Fig. 6, see also paragraph 0054, “In addition, in this embodiment, the resilient element 172 does not extend rearward to generally fill the gap 147, as shown in prior embodiments. Instead, the resilient element 172 stops short, leaving a space 174 that may or may not be filled with a material”.
Regarding claim 6, McCarvill discloses wherein the compressible member (Fig. 2, 150) comprises a polymeric material (¶0051, “However, the resilient element 150 may be formed from a different material chosen, for example, from a list including but not limited to polymer foam”.
Regarding claim 8, McCarvill discloses wherein the contact surface (Fig. 2, lower surface 148) is spaced away (Fig. 2, gap 147) from the first surface (Fig. 2, upper surface 135) at the second end (Fig. 2, forward portion 146) when the prosthetic foot is in a rest state prior to application of the force (see Fig. 2).
Regarding claim 9, McCarvill discloses a prosthetic foot (Fig. 2, 100), comprising:
a foot plate spring member (Fig. 2, 110);
a top spring member (Fig. 2, 130) secured to the foot plate spring member (“When assembled, the lower foot member 110 is coupled to the upper member 130 by the intermediate layer 120”, paragraph 0043) and having a first surface (Fig. 2 ,135); and
an adapter (Fig. 2, 140) comprising:
a damping member (Fig. 2, 150);
a base portion (142, figure 2) having a first end (145, figure 2), a second end (146, figure 2), a cavity (Paragraph 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements), and an anterior contact surface (148, figure 2), and a posterior contact surface (145, figure 2), the posterior contact surface arranged to contact the first surface of the top spring member and the anterior contact surface spaced apart (see gap 147, figure 2) from the first surface of the support member, the first end being fixed relative to the top spring member (Fig. 2, angled lower mounting surface 145 fixed to upper member 130 via mounting holes 145 and fasteners), the second end being movable relative to the top spring member (“…application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”, paragraph 0051), and at least a portion of the damping member being positioned in the cavity (Paragraph 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements 150”); and
a connector portion (141, figure 2) extending from the base portion and configured to releasably secure the prosthetic foot to a prosthesis ( “The mounting unit 140 includes a fixed or removable coupler 141, such as a pyramid adapter or other suitable component, as is now known or later developed in the prosthetic industry”, Paragraph 0045), wherein application of a force to the connector portion the first surface of the base portion moves towards the first surface of the top spring member to compress the damping member until the anterior contact surface contacts the first surface (“…application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”, paragraph 0051).
McCarvill does not explicitly teach or disclose wherein application of a force to the connector portion compresses the compressible member to dampen movement of the base portion relative to the support member until the anterior contact surface contacts the first surface.
Christensen discloses a connector portion (Fig. 1A, 14) wherein application of a force to the connector portion compresses the damping member (Fig. 1A, 34) to dampen movement of the base portion relative to the leaf spring member (Fig. 1A, see also ¶0025, wherein “stores energy therein when compressed” corresponds to dampening movement between 82 and 42) until the second end contacts the top surface (¶0034, wherein 42 can abut to 82 under greater force)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify McCarvill so that the second end contacts the top surface when compressed, as taught by Christensen, in order to provide a more natural ankle motion (Christensen, paragraph 0034).
McCarvill discloses a compressible member (Fig. 2, 150) and a cavity (¶0053, “one or more cavities) but doesn't explicitly teach or disclose, in an unloaded state, the compressible member is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity and wherein in a loaded state the compressible member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity. Christensen doesn't explicitly teach or disclose that, in an unloaded state, the compressible member is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity and wherein, in a loaded state, the compressible member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity.
Rosendahl discloses a prosthetic foot (Fig. 1) comprising a connector portion (Fig. 1, 24) extending form the base portion (Fig. 1, 10) and configured to releasably secure the prosthetic foot to a prosthesis (Col. 3, Lines 24-28, wherein 24 attaches to a prosthetic limb) wherein, in an unloaded state, the compressible member (Fig. 3, 22) is smaller than the cavity such that a gap is defined between the compressible member and a surface of the cavity (see annotated Fig. 3 wherein the gap is bound by the black square) and wherein, in a loaded state, the compressible member fills the cavity such that there is no longer the gap defined (See annotated Fig. 6, wherein 22 has expanded to fill the gap annotated in Fig. 3)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the compressible member of McCarvill in view of Christensen to fill the gap in the cavity when in a loaded state, as taught by Rosendahl, in order to simulate the natural motion of the human foot and return the comfort of ankle motion (Col. 5, Lines 32-37)
Regarding claim 10, McCarvill discloses wherein the damping member (Fig. 2, 150) comprises a polymeric, compressible material (¶0051, wherein “polymer foam” corresponds to a polymeric, compressible material).
Regarding claim 12, McCarvill discloses wherein the damping member (Fig. 2, resilient element 150) dampens movement between the first end and the contact surface during application of the force (¶ 0051, “The resilient element 150 is generally compressible and elastic, such that the application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”).
Regarding claim 13, McCarvill discloses wherein the top spring member (Fig. 2, upper member 130) is connected to the foot plate spring member at an anterior end of the top spring member (Fig. 2, upper member 130), the connector portion (Fig. 2, coupler 141) is arranged vertically (Paragraph 0047, “In order to provide the mounting unit 140 with a generally vertically oriented coupler 141…”) above the base portion (Fig. 2, mounting block 142), and the first end (Fig. 2, angled lower mounting surface 145) of the base portion is positioned posterior of the second end (See Fig. 2, forward portion 146 is anterior relative to angled lower mounting surface 145).
Regarding claim 61, McCarvill discloses a prosthetic foot (Fig. 2, 100), comprising:
an elongate leaf spring member (Fig. 2, 130) of composite material (¶0036, “epoxy/carbon fiber composite material”) with a top surface (Fig. 2, 135); and
an adapter (Fig. 2, 140), the adapter comprising:
a damping member (Fig. 2, 150);
a base portion (Fig. 2, 142) having a first end (Fig. 2, 145), a second end (Fig. 2, 146), and a recess (¶0053, “one or more cavities”), the first end being fixed relative to the leaf spring member (¶0048, “…the mounting member 142 includes one or more mounting holes 145 that mate or align with through holes 139 in the mounting region 138 of the upper member 130”), the second end being movable relative to the leaf spring member (¶0051, “…application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”), and at least a portion of the damping member being positioned in the recess (Paragraph 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements 150”); and
a connector portion (Fig. 2, 141) extending from the base portion (see Fig. 2) and configured to releasably secure the prosthetic foot to a prosthesis (¶0004, wherein 14 attached to 18 coupled to a residual limb of an amputee), wherein application of a force to the connector portion compresses the damping member to dampen movement of the base portion relative to the leaf spring member (Paragraph 0051 “ The resilient element 150 is generally compressible and elastic, such that the application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150, yet allowing the upper plate 130 and mounting member 142 to return to their nominal positions relative to each other upon removal of the pressure”).
McCarvill discloses wherein application of a force to the connector portion compresses the damping member to dampen movement of the base portion relative to the leaf spring member (¶0051) but does not expressly teach or disclose the particulars of the second end contacting the top surface.
Christensen discloses a connector portion (14, figure 1a) extending from the base portion (82, figure 2d) and configured to releasably secure the prosthetic foot to a prosthesis (“The prosthetic foot 10 can have an attachment member 14 with an inverted pyramidal connector 18 coupled to a stump of an amputee, such as to a socket or pylon 22”, paragraph 0024) wherein application of a force to the connector portion compresses the damping member to dampen movement of the base portion relative to the leaf spring member until the second end contacts the top surface (“The user's weight applied to the attachment member 14 can also cause the upper and the lower bumpers 34 and 38, or rear ends thereof, to compress on heel strike…the forefoot spring 42 can abut to the forefoot stop 82 under greater force”, paragraph 0034, see also fig 2d).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify McCarvill so that the second end contacts the top surface when compressed by Christensen, to provide a soft feel and more natural ankle rotation (Christensen, paragraph 0008).
McCarvill discloses a damping member (Fig. 2, 150) and a cavity (¶0053, “one or more cavities) but doesn't explicitly teach or disclose, in an unloaded state, the damping member is smaller than the cavity such that a gap is defined between the damping member and a surface of the cavity and wherein in a loaded state the damping member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity. Christensen doesn't explicitly teach or disclose that, in an unloaded state, the damping member is smaller than the cavity such that a gap is defined between the damping member and a surface of the cavity and wherein, in a loaded state, the damping member fills the cavity such that there is no longer the gap defined between the compressible member and the surface of the cavity.
Rosendahl discloses a prosthetic foot (Fig. 1) comprising a connector portion (Fig. 1,24) extending from the base portion (Fig. 1, 10) and configured to releasably secure the prosthetic foot to a prosthesis (Col. 3, Lines 24-28, wherein 24 attaches to a prosthetic limb wherein in an unloaded state, the damping member (Fig. 3, 22) is smaller than the cavity such that a gap is defined between the damping member and a surface of the cavity (see annotated Fig. 3, wherein the gap is indicated by the black square) and wherein in a loaded state, the damping member fills the cavity
such that there is no longer the gap defined (See annotated Fig. 6 wherein 22 has expanded to fill the gap of annotated Fig. 3)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the damping member of McCarvill in view of Christensen to fill the gap in the cavity when in a loaded state, as taught by Rosendahl, in order to simulate the natural motion of the human foot and return the comfort of ankle motion (Col. 5, Lines 32-37)
Regarding claim 62, McCarvill discloses wherein the damping member (Fig. 2, resilient element 150) is comprised of an elastomeric material (Paragraph 0051, “However, the resilient element 150 may be formed from a different material chosen, for example, from a list including but not limited to polymer foam”).
Regarding claim 63, McCarvill discloses wherein the damping member (Fig. 2, resilient element 150) conforms to the shape of the recess (Paragraphs 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements”). when the elongate leaf spring member (Fig. 2, upper member 130) moves toward the second end of the base portion (Paragraph 0051, “The resilient element 150 is generally compressible and elastic, such that the application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”)
Regarding claim 64, McCarvill discloses wherein the elongate leaf spring member (Fig. 2, upper member 130) moves towards the second end of the base portion (Fig. 2, mounting block 142) under the application of a force to the prosthetic foot (Paragraph 0051, “The resilient element 150 is generally compressible and elastic, such that the application of force or pressure by deflection of the upper member 130 and mounting member 142 toward each other results in compression and cushioning of the resilient element 150”
Regarding claim 65, McCarvill discloses wherein the second end of the base portion (Fig. 2, mounting block 142) comprises a contact surface (Fig. 2, lower surface 148) arranged to contact the top surface of the elongate leaf spring member (Fig. 2, upper member 130).
Regarding claim 66, McCarvill discloses wherein the contact surface (Fig. 2, lower surface 148) has a contoured shape (Paragraph 0050, “In one embodiment, the lower surface 148 has a convex curvature, however, other surface configurations may also be provided, including but not limited to straight or concave”).
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0069450 A1 (McCarvill) in view of US 2011/0320012 (Christensen) in view of US 5,769,896 (Rosendahl), as applied to claims above, and further in view of non-patent literature “A Parametric Design and Optimization Approach to Enhance the Fatigue Life of a Male Pyramid Socket Adapter (Roux).
Regarding claim 7, McCarvill discloses a cavity sized to receive the compressible member (Paragraph 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements 150”) but does not explicitly disclose a hemispherical shape. Christensen does not explicitly teach or disclose a hemispherical shaped cavity. Rosendahl does not explicitly teach or disclose a hemispherical shaped cavity
Roux, a parametric design approach to optimize a male pyramid adapter discloses a typical male pyramid adapter with a cavity having a hemispherical shape (See Page 48 and Fig. 2, “A domed outer and inner shape”).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify McCarvill in view of Christensen in view of Rosendahl with a hemispherical shaped cavity, as taught by Roux, to allow for more efficient manufacturing and reduce high tensile stress points.
Regarding claim 11, McCarvill discloses a cavity sized to receive the compressible member (Paragraph 0053, “In another embodiment, the mounting member 142 may include one or more cavities adapted to receive one or more resilient elements 150”) but does not explicitly disclose a spherical or partially spherical shape. Christensen does not explicitly teach or disclose a partially spherical shaped cavity. Rosendahl does not explicitly teach or disclose a partially spherical shaped cavity
Roux, a parametric design approach to optimize a male pyramid adapter discloses a typical male pyramid adapter with a cavity having a partially spherical shape (See Page 48 and Fig. 2, “A domed outer and inner shape”).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify McCarvill in view of Christensen in view of Arbogast in view of Starker with a hemispherical shaped cavity, as taught by Roux, to allow for more efficient manufacturing and reduce high tensile stress points.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/YASHITA SHARMA/ Primary Patent Examiner, Art Unit 3774
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