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 .
Claim Objections
Claim 1, lines 3 and 31 are objected to because of the following informalities: The applicant’s representative must add the word --- movements --- between the words “eversion” and “of” in order to clarify that the Applicant’s representative is referring to a movement. 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 1-20 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 1, line 9 the word: “a surface” is indefinite, since, the Applicant’s representative has not define the surface. It is not clear what surface does the Applicant’s representative is referring to. Does the Applicant is referring to the surface of the ground (floor). Correction is required.
Claim 1 recites the limitation "the two identical first pistons" in line 21. The Examiner suggest to remove the word “identical” in order to overcome the rejection. There is insufficient antecedent basis for this limitation in the claim.
Claim 1, lines 21-25 are unclear. For example, the wherein clause “wherein a stored energy is in the at least one dorsiflexion member…, the wording in the wherein clause is unclear, such that the intended meaning by the applicant’s representative cannot be readily understood.
Claim 1, line 22 the Examiner is not clear what does the applicant’s representative means with the word: “an ankle”. What ankle does the Applicant’s representative is referring to? Does the Applicant’s representative is referring to the previously claimed “ankle prosthesis or orthosis? How does an ankle is moving forward towards a leg during walking? What leg does the applicant’s representative is referring to?
Claim 1, line 26, the second piston is indefinite since, only one second piston cannot be connected to the rear parts of the two upper foot parts. See Fig. 5 showing two second pistons connected to the rear parts of the two upper foot parts. The Applicant’s representative must claim the two second pistons.
Claim 1, lines 30-31, the phrase: “the heel member allows the inversion and eversion….” Is unclear. The wording of this phrase is unclear. Correction is required.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 12/02/25