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 .
Election/Restrictions
The applicant’s election of group I (an ankle joint) and species 1 (a locking ankle joint) with traverse is acknowledged. However, no arguments regarding the traversal have been submitted.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marlin (2015/0230943A1).
In regard to claim 1, Marlin discloses an orthotic or prosthetic ankle joint (fig 24-25), the joint comprising:
a tibial section 102;
a talus section 104 movably connected (via 136) to the tibial section 102;
and an adjustment mechanism (132, 134) configured to selectively prevent additional dorsiflexion of the talus section relative to the tibial section to accommodate movement of a user. [0204: in the first position, the joint is in the locked configuration]
In regard to claim 2, Marlin discloses the joint of claim 1, and further discloses the adjustment mechanism (132, 134) comprises a lock (132 and 134 act as a lock as shown in figure 4; 0204: in the absence of an applied magnetic field the joint is locked by the first cam 132 and 134 being held apart] and a pendulum [0204: magnetic pendulum between 132 and 134] the pendulum adapted to move in response to movement of the user such that the lock is locked to prevent additional dorsiflexion of the talus section with respect to the tibial section and unlocks to allow realignment of the talus section with respect to the tibial section. [0204: in the first position locked, in the second position they can rotate; 0203: adjusted by the user (which is a movement) or automatically based on activity of the user or gait cycle (activity is also a movement)]
In regard to claim 3, Marlin discloses the joint of claim 2, and further discloses when locked, the lock (132, 134) fixes the talus section 104 with respect to the tibial section 102. [0204: locks; see figure 3]
In regard to claim 4, Marlin discloses the joint of claim 2 and further discloses a foot 600 coupled to the talus section 104 (see fig 24; [0176: foot may be connected to any joint]).
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marlin (2015/0230943A1) in view of Wirz (EP1186279A1).
In regard to claim 5, Marlin meets the claim limitations as discussed in the rejection of claim 2, but does not teach the talus section 104 includes a series of teeth.
Wirz teaches the talus section (both halves of the joint contain teeth 125) includes a series of teeth 25 engagable by the lock such that engagement of the lock with a tooth of the series of teeth prevents additional dorsiflexion of the talus section with respect to the tibial section (see figure 3, the teeth on either side of the lock prevents movement and assists in locking).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teeth of Wirz to the lock of Marlin (between 148 and 134, which are both parts of talus section 104 as shown in figures 3-4) because this allows the joint to have very high torque transfer at the joint (figure 5 description of translation; pg 4, paragraph 5).
In regard to claim 6, Marlin meets the claim limitations as discussed in the rejection of claim 5, wherein the lock (132, 134) is pivotally mounted to the tibial section (102; pivotally mounted via the joint as shown in figure3) and comprising an engaging end (the engaging end of lock 132, 134, is the end of the recess that engaged 148 and 146 as shown in figure 4).
However, Marlin does not teach the teeth.
Wirz further teaches the engaging end for engaging the series of teeth 25 to prevent additional dorsiflexion of the talus section with respect to the tibial section.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teeth of Wirz to the engaging end (between 148 and 134) of the lock of Marlin because this allows the joint to have very high torque transfer at the joint (figure 5 description of translation; pg 4, paragraph 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIE BAHENA whose telephone number is (571)270-3206. The examiner can normally be reached M-F 9-3.
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/CHRISTIE BAHENA/Primary Examiner, Art Unit 3774