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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4). There are reference numerals that are used to designate multiple different structures but appear to be pointing to the same part in the Figures. An example would be reference character because reference characters "41" and "81" have both been used to designate the first proximal end of the flexion spring and the pivot respectively; however, they are both pointing to the same part. 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. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
At least one spring of claim 9; wherein a distal end of the spring is fixed to the second distal end of the second flexion spring and a proximal end of the spring is fixed to the first proximal end of the first flexion spring
the method of grasping an object and the object in claim 15
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 number of an amended drawing should not be labeled as “amended.” If a drawing figure 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. 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 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 applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 4, 6, 8, 9, and 11 are objected to because of the following informalities:
Claim 1, line 3, and any other recitation in the claims, “the thumb” should read “the human thumb”
Claim 1, lines 9-10, “and adapted to be fixed with a first proximal end of the first flexion spring relative to a human thumb” should read “and a first proximal end of the first flexion spring adapted to be fixed relative to the human thumb”
Claim 1, lines 13-15, “and adapted to be fixed with a second distal end of the second flexion spring to the human thumb“ should read “and a second distal end of the second flexion spring adapted to be fixed to the human thumb”
Claim 1, lines 16-20, states a method inside of an apparatus claim, it is recommend to change “such that by operating the gear unit, a relative translational movement between the translation element and the housing is realized that causes a bending of at least one of the first or second flexion springs and as a result at least a partial bending of the thumb” to “the gear unit configured to realize a relative translational movement between the translation element and the housing to cause bending of at least one of the first or second flexion springs and at least a partial bending of the thumb”
Claim 4, line 4, “the second distal end” should read “the second distal end of the second flexion spring”
Claim 6, lines 1-2, “wherein the fixation of the first flexion spring to the thumb is by a first fixation section” should read “wherein a first fixation section is configured to fix the first flexion spring to the human thumb”
Claim 6, line 4, “the first proximal end” should read “the first proximal end of the first flexion spring”
Claim 8, lines 2-3, “the axis of the relative translation movement” should read “an axis of the relative translation movement”
Claim 8, lines 5-10, “when the second flexion spring is moved in a relative translational movement, which leads to a deformation of the first section of the second flexion spring between the housing and the guide essentially before a deformation of the second section of the second flexion spring between the guide element and the fixation of the second flexion spring to the thumb occurs” states a method inside of an apparatus claim and is written in, it is recommended to change to “; wherein the first section of the second flexion spring is configured to be between the housing and the guide and the second flexion spring configured to be between the guide element and the second fixation section; the second flexion spring is configured to move in a relative translational movement which deforms the first section of the second flexion spring before a deformation of the second section of the second flexion spring occurs”
Claim 9, line 1, “wherein first flexion spring the thumb bending section comprises” should read “wherein the thumb bending section comprises”
Claim 9, lines 3-5, “the spring” should read “the at least one spring
Claim 11, lines 1-2, “wherein the mechanical connection between the feeder and the thumb bending section is realized by a pivot joint” should read “wherein a pivot joint is configured to provide a mechanical connection between the feeder and the thumb bending section”
Claim 11, lines 2-3, “wherein an angle of a rotary movement of the feeder in relation to the thumb bending section is limited by a mechanical stop” should read “wherein a mechanical stop is configured to limit an angle of a rotary movement of the feeder in relation to the thumb bending section”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 2, 4, 7, and 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the mechanical connection" in lines 4-5. While claim 1 states that the first flexion spring is mechanically connected, it does not positively recite a mechanical connection. There is insufficient antecedent basis for this limitation in the claim. It is recommended to either positively recite “a mechanical connection” in claim 1 or change “the mechanical connection of the first flexion spring” to “a mechanical connection of the first flexion spring”.
Claim 4 recites the limitation "the mechanical connection" in lines 1-3. While claim 1 states that the second flexion spring is mechanically connected, it does not positively recite a mechanical connection. There is insufficient antecedent basis for this limitation in the claim. It is recommended to either positively recite “a mechanical connection” in claim 1 or change “the mechanical connection between the second flexion spring and the thumb is realizable by a second fixation section that is fixable to a phalanx of the thumb” to “a second fixation section configured to mechanically connect the second flexion spring and the thumb and be fixable to a phalanx of the thumb” .
Claim 7 recites the limitation "the fixation of the second flexion spring to the thumb" in line 2. Claim 7 depends on claim 1. Claim 1 does not recite “a fixation of the second flexion spring” or “a second fixation section”. There is insufficient antecedent basis for this limitation in the claim. It is recommended to change “the fixation of the second flexion spring to the thumb” to “the second fixation section” and change dependency from claim 1 to claim 4.
Claim 8 is rejected due to being dependent on claim 7.
Claim 8 recites the limitation "the friction force" in lines 3-5. Claims 1and 7 does not claim a friction force. There is insufficient antecedent basis for this limitation in the claim. It is also unclear if the friction force is the same as “a frictional resistance” which is between the guide and second flexion spring. For purposes of examination, “wherein between the guide and the second flexion spring a frictional resistance is realized such that the friction force acts against a force acting on the second flexion spring” is being interpreted as “wherein a frictional resistance between the guide and the second flexion spring acts against a force acting on the second flexion spring”.
Additionally, claim 8 recites the limitation "the fixation of the second fixation section" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim. It is recommended to change “the fixation of the second flexion spring to the thumb” to “the second fixation section” and change dependency of claim 7 to claim 4 (see 112b rejection above).
Claim Rejections - 35 USC § 101
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.
Claims 10 and 11 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 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 10, lines 5-11 states that “the thumb bending section rotates around the pivot and therefore a thumb fixed to the thumb bending section is movable at least in an abducted position. The limitation is directed towards claiming a human thumb and as such is rejected under 35 U.S.C. 101. It is recommended to change “the thumb bending section rotates around the pivot and therefore a thumb fixed to the thumb bending section is movable at least in an abducted position” to “the thumb bending section is configured to rotate around the pivot; therefore, the thumb bending section configured to be fixed to the thumb is movable at least in an abducted position.
Claim 11 is also rejected due to being dependent on claim 10.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 110664588) and its translation (EspaceNet Translation Zhang).
Regarding claim 15, Zhang discloses
a method of grasping an object (Figs. 2-4; the back-of-hand support mechanism 1 is capable of grasping an object as it opens/closes the five fingers; [0026], Lines 15-21), the method comprising:
fixing a moving device according to claim 1 to the thumb of a human hand
or
a hand-exoskeleton (Figs. 2-12; back-of-hand support mechanism 1; [0071], Lines 1-8) is fixed to a human hand ([0091], Line 1; wear on patient’s hand);
placing an object between the thumb and the palm of the hand; and
operating the gear unit (Figs. 2-4; thumb linear motor 2-1-1; [0074], Lines 1-7 and [0075], Lines 1-24) such that the thumb is at least partially moved in a direction of the palm ([0071], Lines 1-8 and [0026], Lines 15-21; [0092], Lines 1-2; thumb piece passively follows the deformation of the palm and device creates opening and closing movements of fingers) by at least partial bending (bending the thumb; [0001], Lines 10-15; [0074], Lines 1-7 and [0075], Lines 1-24) such that forces act onto the object on essentially opposite sides.
It would be inherent that if an object such as a pen was placed on the palm of the user’s hand with the back-of-hand support mechanism of Zhang then during a closed state the object would be held between the fingers/thumb and palm such that the forces act onto the object on opposite sides.
Allowable Subject Matter
Claims 1-14 are allowable if rewritten to overcome the objections and 112bs.
Regarding claim 1, closest prior art record is Zhang(CN 110664588) and its translation (EspaceNet Translation Zhang) in view of Bonutti (US 11786434).
In particular Zhang discloses
A moving device (Figs. 2-3; thumb piece 1-1; [0073], Line 1) to move a human thumb (closing and opening the training device of the five fingers; [0001], Lines 10-15) between a resting position (opening of five fingers; [0001], Lines 10-15) and a grasping position (closing of the five fingers; [0001], Lines 10-15), the moving device comprising:
a thumb bending section (Figs. 2-4; thumb segments 2-1-3, 2-1-5 and 2-1-6 with thumb bending drive mechanism 2-1; [0074], Lines 1-7 and [0075], Lines 1-24) adapted to at least partially move the thumb between a flexed position (bending the thumb; [0001], Lines 10-15; [0074], Lines 1-7 and [0075], Lines 1-24) and an extended position (stretching the thumb; [0001], Lines 10-15; [0074], Lines 1-7 and [0075], Lines 1-24),
the thumb bending section (Figs. 2-3; thumb segments 2-1-3, 2-1-5 and 2-1-6 with thumb bending drive mechanism 2-1; [0074], Lines 1-7 and [0075], Lines 1-24) comprising:
a gear unit (Figs. 2-4; thumb linear motor 2-1-1; [0074], Lines 1-7 and [0075], Lines 1-24) for transforming a rotation of a rotation element, which is rotatably mounted to a housing, into an essentially linear movement between a translation element (Figs. 2-4; thumb slide bar 2-1-2; [0074], Lines 1-7 and [0075], Lines 1-24) and the housing (Figs. 2-4; thumb bending drive mechanism 2-1; [0074], Lines 1-7 and [0075], Lines 1-24);
a first flexion spring (Figs. 2-4; thumb driving spring steel sheet 2-1-4; [0074], Lines 1-7 and [0075], Lines 1-24) mechanically connected to the translation element (Figs. 2-4; thumb slide bar 2-1-2; [0074], Lines 1-7 and [0075], Lines 1-24) and adapted to be fixed with a first proximal end of the first flexion spring (Figs. 2-4; thumb driving spring steel sheet 2-1-4; [0074], Lines 1-7 and [0075], Lines 1-24; spring steel sheet 2-1-4 is connected to front end of thumb slider 2-1-2); and
a second flexion spring (Figs. 2-4; spring steel sheet 2-1-12; [0074], Lines 1-7 and [0075], Lines 1-24) mechanically connected to the human thumb at a position in a distal distance to the metacarpophalangeal joint (Figs. 2-4; spring steel sheet 2-1-12 is distal to the thumb metacarpal segment 2-1-12; [0074], Lines 1-7 and [0075], Lines 1-24) or at a distal phalanx and/ or a proximal phalanx of the thumb
such that by operating the gear unit (Figs. 2-4; thumb linear motor 2-1-1; [0074], Lines 1-7 and [0075], Lines 1-24), a relative translational movement between the translation element (Figs. 2-4; thumb slide bar 2-1-2; [0074], Lines 1-7 and [0075], Lines 1-24) and the housing (Figs. 2-4; thumb bending drive mechanism 2-1; [0074], Lines 1-7 and [0075], Lines 1-24) is realized that causes a bending (ending the thumb; [0001], Lines 10-15; [0074], Lines 1-7 and [0075], Lines 1-24) of at least one of the first or second flexion springs (Figs. 2-4; spring steel sheets 2-1-4, 2-1-12; [0074], Lines 1-7 and [0075], Lines 1-24) and as a result at least a partial bending of the thumb (closing of the five fingers/bending the thumb and fingers closed; [0001], Lines 10-15).
Zhang does not disclose a gear unit for transforming a rotation of a rotation element, which is rotatably mounted to a housing, into an essentially linear movement between a translation element and the housing; the first flexion spring relative to a human thumb at a position in a proximal distance to a metacarpophalangeal joint or at a position between the metacarpophalangeal joint and a carpometacarpal joint; and the second flexion spring mechanically connected to the housing and adapted to be fixed with a second distal end of the second flexion spring.
Bonutti discloses an orthosis device to be used at a joint with
a gear unit (Figs. 4-16; transmission assembly 40 with motor; Col. 4, Lines 43-63) for transforming a rotation of a rotation element (Figs. 4-16; gears 56, 58, and 62; Col. 4, Lines 66-67 and Col. 5, Lines 1-5), which is rotatably mounted to a housing (Figs. 4-16; transmission housing 42; Col. 4, Lines 43-49), into an essentially linear movement between a translation element (Figs. 4-16; sliding links 72; Col. 5, Lines 37-44) and the housing (Figs. 4-16; transmission housing 42; Col. 4, Lines 43-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the linear motor and sliding bar with the transmission assembly and one of the sliding link as taught in Bonutti to yield the predictable result of creating a linear motion to bend the finger and increase range of motion in a joint in extension (Bonutti: Col. 4, Lines 28-42).
However, Zhang and Qi fail to teach, disclose, or render obvious “the first flexion spring relative to a human thumb at a position in a proximal distance to a metacarpophalangeal joint or at a position between the metacarpophalangeal joint and a carpometacarpal joint; the second flexion spring mechanically connected to the housing and adapted to be fixed with a second distal end of the second flexion spring” , in addition to other limitations.
Claims 3, 5, 6, and 9, 12-14 are allowable if rewritten to overcome the objections.
Claims 10-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101.
Claims 2, 4, 7, and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qi (CN 209478212) – a robot finger device with a cable and gear rack that bends a finger section in order to grasp/grip an object
Arata (US 20160015590) – a hand exoskeleton device with a motor and ball screw and a set of springs to bend and support gripping motions of the human fingers
Luplow (US 20200329794) – A self-tensioning and releasable gripping glove which uses an active spring member to help while grasping objects
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/S.R.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785