17507532DETAILED 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/20/26 has been entered.
Status of Claims
Claims 1-6, 8-17, and 19-22 are pending with claims 17, 19, and 20 being withdrawn. Therefore, claims 1, 2, 4-6, 8, 9, 11-16, 21, and 22 are examined below.
Response to Arguments
The remarks of 12/18/2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art doesn't explicitly teach or disclose all of the elements of amended claims 1 and 13. Specifically, applicant argues the following claim language and points
“ a first coupling coupled to the first support at a portion of the first support proximate the mount of the first end and disposed away from the second end of the first support”
“wherein the first end of the hydraulic damper is directly coupled with the first support…at the portion of the first support proximate the mount.
Regarding the first bullet point – Fig. 6 of Palmer shows a posterior mounting point for the hydraulic cylinder that is disposed proximate (i.e. very near or close to) to the mount 350. This is annotated below using a portion of Fig. 6. Figure 8 and Paragraph 0086 clarify “upper cap 70 that is pivotally coupled to the upper member or shank link 14 (with an axle and bearings)”
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Regarding the second bullet point – Fig. 6 of Palmer shows the first end of the hydraulic cylinder (i.e. the end with the cylinder rather than the piston) is mounted proximate the mount. This is annotated below using a portion of Fig. 6. Figure 8 and Paragraph 0086 clarify “upper cap 70 that is pivotally coupled to the upper member or shank link 14 (with an axle and bearings)”
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). Examiner suggests additional views of the embodiment in Fig. 1 in order to better understand the overall invention as well as the linkage connection. See MPEP 608.02
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 6, 8, 9, and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0066154 (Palmer)
Regarding claim 1, Palmer discloses a device to control movement of a prosthetic foot and ankle (Fig. 6), comprising:
a first support (Fig. 6, 14) to provide a portion of the prosthetic foot, the first support comprising a first end including a mount (see annotated Fig. 6, wherein annotated first end includes 26) and a second end opposite the first end (see annotated Fig. 6);
a first coupling (see annotated portion of Fig. 6 below) coupled to the first support at a portion of the first support proximate the mount of the first end and disposed away from the second end of the first support (see annotated portion of Fig. 6 below, ¶0086)
a hydraulic damper (Fig. 6, 50) comprising a first end (see annotated Fig. 6 below) attached to the first support via the first coupling (see annotated portion of Fig. 6 below), wherein the first end of the hydraulic damper is directly coupled with the first support at a position along the first support between the first end of the first support and the second end of the first support at the portion of the first support proximate the mount (see annotated portion of Fig. 6 below, see also ¶0086), the first coupling to allow rotation of the first end of the linear hydraulic damper relative to the portion of the first support proximate the mount (¶0086, “pivotally coupled”)
a second coupling (¶0086, “axle and bearings) between a first end of second support (Fig. 13, wherein 32 corresponds to first end of 30) and a second end of the linear hydraulic damper (see Fig. 6, wherein 32 connects to piston via axle and bearings)
a third coupling positioned along the first support disposed away from the first coupling (Fig. 6, 22) that couples the second end of the first support and the second support (see annotated Fig. 6) at a position along the second support between the first end of the second support and a second end of the second support and offset towards the second end of the second support (see annotated Fig. 6, wherein 22 is offset towards to the posterior end of the second support)
an energy storing spring (Fig. 6, 18) coupled with the second support (Fig. 6, wherein spring 18 is coupled to second support 30).
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Regarding claim 2, Palmer discloses wherein the hydraulic damper (Fig. 6, 50) is a linear hydraulic damper (Fig. 6, wherein 50 is a linear hydraulic damper)
Regarding claim 4, Palmer discloses wherein the energy storing spring (Fig. 6, 18) is attached to a housing (Fig. 6, 400) of the hydraulic damper (Fig. 6, wherein 18 is attached to 400 via 18).
Regarding claim 6, Palmer discloses wherein the energy storing spring (Fig. 6, 18) is a leaf spring (Fig. 6, wherein 18 is an arc-shaped, thin plate and is therefore a leaf spring)
Regarding claim 8, Palmer discloses wherein an axis of rotation of the third coupling (Fig. 6, 22) is at an estimated location of an intact human ankle to provide biomimetic function (see Fig. 6, wherein the location of 22 corresponds to an estimated location of an intact human ankle)
Regarding claim 9, Palmer discloses wherein the mount (Fig. 6, 26) attached to the first support (Fig. 6, wherein 26 is attached to 14) enables user alignment with a remnant limb of an amputee (¶0083, wherein connector 26 can be a pyramid connected configured for this intended use)
Regarding claim 12, Palmer discloses a curved surface on the energy storing spring (Fig. 6, wherein the plantar surface of 18 corresponds to the curved surface) configured to provide a fulcrum that is configured to produce a biomimetic force on a remnant limb (Figs. 2 and 6, wherein the plantar surface of 18 is configured for this intended use).
Regarding claim 13, Palmer discloses a device to control movement of a prosthetic foot and ankle (Fig. 6), comprising:
a first support (Fig. 6, 14) to form a portion of the prosthetic foot (Fig. 1, 10) of an amputee (Fig. 6, wherein 14 forms a portion of 10), the first support comprising a first end including mount (see annotated Fig. 6, wherein annotated first end includes 26) and a second end opposite the first end (see annotated Fig. 6);
a first coupling (see annotated Fig. 6 below) coupled to the first support (see annotated Fig. 6 below) at a portion of the first support proximate the mount of the first end and disposed away from the second end of the first support (see annotated portion of Fig. 6 below)
a linear hydraulic damper (Fig. 6, 50) comprising a first end (see annotated Fig. 6 below) attached to the first support (Fig. 6, 14) via the first coupling (see annotated Fig. 6 below), wherein the first end of the linear hydraulic damper is directly coupled with the first support at a position along the first support between the first end of the first support and the second end of the first support at the portion of the first support proximate the mount (see annotated portion of Fig. 6), the first coupling to allow rotation of the first end of the linear hydraulic damper relative to the portion of the first support proximate the mount (¶0086, “upper cap 70 is pivotally coupled”)
a second coupling (see annotated Fig. 6) that couples a first end of a second support with a second end of the hydraulic damper (see annotated Fig. 6), the second coupling aligned with the first support and the first coupling (See Fig. 6, wherein 32, 14, and 22 share an axis);
a third coupling (¶0083, wherein the “axle and bearings” correspond to the third coupling) positioned along the first support disposed away from the first coupled (see annotated Fig. 6) that couples the second end of the first support and the second support (see annotated Fig. 6) at a position (Fig. 6, wherein 22 corresponds to the position) along the second support between the first end of the second support and a second end of the second support (see annotated Fig. 6) and offset towards the second end of the second support (see annotated Fig. 6, wherein 22 is offset towards the second end of the second support); and
an energy storing spring (Fig. 6, 18) coupled with the second support (Fig. 6, wherein 30 corresponds to the second support and is coupled with 18).
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Regarding claim 14, Palmer discloses electric hydraulic valves (Fig. 6, control valve 60, ¶0089) to allow a user to adjust both dorsiflexion and plantar flexion resistance independently (¶0092, wherein bidirectional positioning corresponds to dorsiflexion and plantarflexion resistance) to vary heel strike hydraulic shock absorption and avoid foot slap at foot flat position (¶0092, wherein valves 60 are configured for this intended use because they can adjust dorsiflexion and plantarflexion resistance)
Regarding claim 15, Palmer discloses wherein an axis of rotation of the first coupling (Fig. 6, wherein line through 22 corresponds to the axis of rotation) is at an estimated location of an intact human ankle to provide biomimetic function (See Fig. 6, wherein 22 is at the estimated location of an intact human ankle, see also ¶0083 wherein 14 is disposed at the location of a natural ankle).
Regarding claim 16, Palmer discloses wherein the mount (Fig. 6, 26) attached to the first support (Fig. 6, wherein 26 is attached to 14) to enable user alignment with a remnant limb of an amputee (¶0083, wherein connector 26 can be a pyramid connected configured for this intended use)
Regarding claim 21, Palmer discloses wherein an axis between the second coupling and the first coupling intersects the first support (see Fig. 6, wherein the axis of the linear damper runs through first support 14 and therefore intersects 14)
Regarding claim 22, Palmer further discloses electric hydraulic valves (¶0081, wherein “control electronic can control the hydraulic valve” corresponds to electric hydraulic valves) to allow a user to adjust both dorsiflexion and plantar flexion resistance independently (¶0081, wherein the electronically controlled valve can vary resistance during dorsiflexion and plantar flexion independently) wherein to vary heel strike hydraulic shock absorption and avoid foot slap at foot flat position (¶0081, wherein the computer and control valve are configured for this intended use because varying shock at heel strike and avoiding foot slap are expected outcomes when tuning resistance of a prosthetic ankle).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0066154 (Palmer) in view of US 5,376,133 (Gramnas)
Regarding claim 5, Palmer discloses a second support attached to the hydraulic damper (see rejection of claim 1). Palmer further discloses an energy storing spring (Fig. 6, 18) but doesn't explicitly teach or disclose that the energy storing spring is rotatably attached to the second support.
Gramnas discloses wherein the energy storing spring (Fig. 1, main blade 2) is rotatably attached to the second support (Fig. 1, wherein 6 corresponds to the second support and is rotatably attached to main blade 2 via rubber spacing block 7)
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 second support of Palmer in to be rotatably attached to the energy storing spring, as taught by Gramnas, in order to provide relative movement between the foot part and the shin for stability.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0066154 (Palmer) in view of US 2008/0262635 (Moser)
Regarding claim 11, Palmer doesn't explicitly teach or disclose manual hydraulic valves to independently adjust both dorsiflexion and plantarflexion resistance.
Moser discloses a prosthetic foot (Fig. 1) comprising manual hydraulic valves (Fig. 3, 38A and 38B) to allow a user to adjust both dorsiflexion and plantar flexion resistance independently (¶0048, “permit manual adjustment of damping resistance in the dorsi- and plantar-flexion directions respectively”) to vary heel strike hydraulic shock absorption and avoid foot slap at foot flat position (¶0048, wherein the valves are capable of this intended use because varying heel strike shock and preventing foot slap are predictable outcomes of adjusting ankle resistance).
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 hydraulic damper of Palmer in view of Naseri with manual hydraulic valves to independently adjust plantarflexion and dorsiflexion, as taught by Moser, in order to improve the overall robustness of the prosthesis
Conclusion
Included below is relevant prior art that was considered but not relied upon for this office action:
US 8,986,398 – see Fig. 7 wherein the piston is attached to a clevis 78
US 2014/0330393 – Fig. 7a discloses a sliding linear hydraulic assembly 1
US 2017/0071761 – Fig. 1 shows a linear hydraulic damper in a pivoting arrangement with a mount and a foot support
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/YASHITA SHARMA/ Primary Patent Examiner, Art Unit 3774
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