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 1-12 and 17-24 are pending and examined below.
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 17-24 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.
Regarding claims 17-24 – claim 17 recites “a first portion”. A first portion of what? The claimed “portion” is not described in the specification and has no additional descriptors. Therefore, the claim is indefinite. Claims 18-24 are also rendered indefinite because they are dependent on claim 17.
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(s) 1-3, 10-12, 17 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2007/0050044 (Haynes)
Regarding claim 1, Haynes discloses a device to harvest electrical energy from movement of a prosthetic limb (Fig. 1, ¶0001, “regenerative and electronically controlled prosthetic joint”), the device comprising:
a generator (Fig. 9A, 435, ¶0092) adapted to attach to a prosthetic limb (Fig. 9, wherein 435 is attached to prosthetic knee 400) the generator comprising a first motor (¶0098, wherein 435 may be AC, DC brush, or brushless DC type permanent magnet motor) configured to generate electrical energy in response to movement of a portion (Fig. 9A, wherein 400 corresponds to a portion of prosthetic limb) of the prosthetic limb (¶0095, “forced rotation of 435 while in generator mode produce electrical energy”); and
a controller (Fig. 11, microprocessor 550, ¶0111) electrically connected to the generator (see Fig. 11), the controller configured to provide electrical energy to a power supply (¶0111, storage devices 580) of the prosthetic limb (¶0111, wherein 550 causes electrical energy to be drawn from 590 and supplied to 560)
Regarding claim 2, Haynes further discloses wherein the controller (Fig. 11, microprocessor 550) is configured to charge the power supply of the prosthetic limb (¶0111, wherein “electrical energy may be source to one or more storage devices” corresponds to charging the power supply)
Regarding claim 3, Haynes further discloses wherein the first motor (¶0098, “AC, DC brush, or brushless DC motor) is configured to be disposed within the portion of the prosthetic limb (See Fig. 9a, wherein 435 is disposed within prosthetic knee 400)
Regarding claim 10, Hayes further discloses wherein the first motor (Fig. 9a, 435) is configured to generate electrical energy in the form of alternating current (¶0095, “forced rotation of 435 while in generator mode produces electrical energy” corresponds to generating alternating current)
Regarding claim 11, Hayes further discloses wherein the controller is configured to convert the alternating current from the generator to direct current (¶0114, wherein “converting the voltage associated with the electrical energy” corresponds to converting from AC to DC) and to provide the direct current to the power supply of the prosthetic (¶0114, wherein “prior to storage” corresponds to providing DC current to the power supply)
Regarding claim 12, Hayes further discloses wherein the controller comprises an electrical storage medium (¶0064, “one or more batteries, capacitors or other suitable electrical energy storages devices) configured to receive and store electrical energy from the first motor (¶0064, “electrical energy may be stored”), the electrical storage medium configured to output stored electrical energy to the power supply of the prosthetic limb (¶0064, wherein the stored energy can be used to power the electronic control system and/or one or more other electrical energy consuming devices)
Regarding claim 17, Haynes discloses a prosthetic limb comprising:
a first portion (Fig. 9A, wherein 400 corresponds to a first portion of prosthetic limb);
a power supply (¶0111, wherein “storage devices” corresponds to a power supply; and
a generator (Fig. 9A, 435) comprising: a first motor (¶0098, wherein 435 may be AC, DC brush, or brushless DC type permanent magnet motor) configured to generate electrical energy in response to movement of the first portion of the prosthetic limb (¶0095, “forced rotation of 435 while in generator mode produce electrical energy”); and
a controller (Fig. 11, microprocessor 550, ¶0111) electrically connected to the generator (see Fig. 11, wherein microprocessor is electrically connected to generator via switch); the controller configured to provide electrical energy to the power supply (¶0111, wherein 550 causes electrical energy to be drawn from 590 and supplied to 560)
Regarding claim 19, Hayes further discloses wherein the first motor (Fig. 9a, 435 is disposed within the first portion (Fig. 9a, wherein 435 is disposed within prosthetic knee 400)
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) 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0050044 (Haynes) in view of US 2011/0098828 (Balboni), further in view of non-patent literature titled “Analysis and design of a moving-magnet type linear actuator with repulsive magnetic forces” (Olaru)
Regarding claim 4, Hayes discloses a first motor but doesn't explicitly teach or disclose a hollow tubular body, at least one coil of wire, and a first magnet
Balboni discloses a linear magnetic motor to be used to a knee prosthesis (Fig. 20, ¶0239) but doesn't explicitly teach or disclose a hollow tubular body, at least one coil of wire, and a first magnet.
Olaru discloses wherein the first motor comprises:
a hollow tubular body (Fig. 5, non-magnetic rod);
at least one coil of wire wrapped about the body (see annotated Fig. 5); and
a first magnet (see annotated Fig. 5) slidably disposed within the body, the first magnet configured to slide within the body and through the at least one coil of wire in response to movement of the portion of the prosthetic limb such that electrical energy is generated in the at least one coil of wire.
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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 first motor of Hayes in view of Balboni with a first motor comprising a hallow tubular body, at least one coil of wire, and a first magnet, as taught by Olaru, in order to provide a robust motor with a short stroke.
Regarding claim 5, Hayes doesn't explicitly teach or disclose a first magnet configured to slide within the body during a swing phase of a human gait. Balboni doesn't explicitly teach or disclose a first magnet is configured to slide within the body during a swing phase of a human gait
Olaru discloses wherein the first magnet is configured to slide within the body during a swing phase of a human gait (Fig. 5, wherein the movable magnet is configured for this intended use because it slides along the rod)
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 Hayes in view of Balboni with a first magnet configured to slide within the body, as taught by Olaru, in order to generate electrical energy.
Regarding claim 6, Haynes discloses a first motor (see rejection of claim 1) but doesn't explicitly teach or disclose a first end cap, a second end cap, a second magnet, and a third magnet. Balboni doesn't explicitly teach or disclose a first end cap, a second end cap, a second magnet, and a third magnet.
Olaru wherein the first motor comprises: a first end cap closing a first end of the body; a second end cap closing a second end of the body opposite the first end; a second magnet disposed in the first end cap; and a third magnet disposed in the second end cap, the second magnet and the third magnet oriented such that polarities thereof oppose a polarity of the first magnet slidably disposed therebetween.
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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 first motor of Haynes in view of Balboni with a first end cap, a second end cap, a second magnet, and a third magnet, as taught by Olaru, in order to generate electrical energy with a short stroke motor.
Regarding claim 7, Haynes doesn't explicitly teach or disclose a first magnet, a second magnet or a third magnet comprising a neodymium magnet. Balboni doesn't explicitly teach or disclose a first magnet, a second magnet or a third magnet comprising a neodymium magnet.
Olaru discloses wherein the first magnet, the second magnet, or the third magnet comprise a neodymium magnet (Page 132, “neodymium magnets”)
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 Haynes in view of Balboni with a first magnet, second magnet or a third magnet comprising a neodymium magnet with, as taught by Olaru, in order to generate high magnetic repulsive forces (Page 132)
Regarding claim 8, Haynes discloses a first motor but doesn't explicitly teach or disclose a first end cap, first bumper, second end cap, second bumper, or first magnet. Balboni doesn't explicitly teach or disclose a fist end cap, first bumper, second end cap, second bumper, or first magnet.
Olaru discloses wherein the first motor comprises: a first end cap closing a first end of the body (see annotated Fig. 5), the first end cap including a first bumper (see annotated (Fig. 5), the first bumper secured to the first end cap and disposed within the body (see annotated Fig. 5); and a second end cap closing a second end of the body opposite the first end (see annotated Fig. 5), the second end cap including a second bumper (see annotated Fig. 5), the second bumper secured to the second end cap and disposed within the body (see annotated Fig. 5), the first bumper and the second bumper configured to engage the first magnet (see annotated Fig. 5, wherein the first and second bumper engage the magnet as it slides to each side).
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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 first motor of Haynes in view of Balboni with a first bumper and a second bumper, as taught by Olaru, in order to engage and provide a counterforce to the movable magnet
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0050044 (Haynes) in view of US 2011/0098828 (Balboni) in view of non-patent literature titled “Analysis and design of a moving-magnet type linear actuator with repulsive magnetic forces” (Olaru), as applied to claims above, and further in view of US 2021/0080840 (Heijmans)
Regarding claim 9, Haynes doesn't explicitly teach or disclose four separate coils of wire. Balboni discloses a linear magnetic motor (¶0239, linear magnetic motor) but doesn't explicitly teach or disclose four separate coils of wire. Olaru discloses three separate coils but doesn't explicitly teach or disclose four separate coils of wire.
Heijmans discloses wherein the at least one coil of wire forms four separate coils of wire (see annotated Fig. 5, wherein CO-R, CO-S, CO-R, and CO-S corresponds to four separate coils of wire) wrapped about the body (Fig. 5, COS), the four separate coils being in electrical communication with one another (¶0059, wherein the coils are each connected to the power supply) and spaced equidistant along the body (see annotated Fig. 5, wherein the labeled coils are spaced equidistant along the body)
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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 Hayes in view of Balboni with 4 separate coils of wire spaced equidistant along the body and in electrical communication, as taught by Heijmans, in order to provide a robust actuator with a short stroke.
Claim(s) 18 and 20-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0050044 (Haynes) in view of US 8,974,543 (Balboni)
Regarding claim 18, Hayes discloses a first motor (see rejection of claim 17 but doesn't explicitly teach or disclose that the first motor is a magnetic linear motor or a piezo-electric motor
Balboni discloses an above knee prosthesis comprising a magnetic linear motor or a piezo-electric motor (¶0253, “linear magnetic motors”)
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 first motor of Hayes to be a linear magnetic motor, as taught by Balboni, in order to reduce the complexity of the joint actuator while also improving the control of the prosthetic limb.
Regarding claim 20, Haynes discloses a generator (see rejection of claim 1) but doesn't explicitly teach or disclose a second motor.
Balboni discloses a prosthetic limb comprising a first motor and a second motor (Fig. 2, linear magnetic motors 52) configured to generate electrical energy in response to movement of the prosthetic limb (¶0239, wherein “device is characterized for giving to motors 52 a function of generator” corresponds to generating electrical energy in response to movement of the prosthetic limb)
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 generator of Haynes with a second motor, as taught by Balboni, in order to generate more electrical energy that a single motor alone.
Regarding claim 21, Haynes discloses a first motor disposed in a first portion (Fig. 9A, 400) but doesn't explicitly teach or disclose a second motor disposed in the first portion.
Balboni a prosthetic limb (Fig 20) comprising a first motor and the second motor (Fig. 20, first and second motors 52) are disposed in the first portion (Fig. 20, wherein both motors 52 are disposed in the shark of the prosthetic limb)
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 first portion of Haynes to contain a second motor, as taught by Balboni, in order to generate electrical energy while protect the components of the motors.
Regarding claim 22, Haynes doesn't explicitly teach discloses a second motor configured to generate electrical energy in response to movement of the second portion of the prosthetic limb.
Balboni discloses a prosthetic limb comprising a second portion (Fig. 20, 400), the second motor configured to generate electrical energy (¶0239, wherein “function of generator” corresponds to configured to generate electrical energy) in response to movement of the second portion of the prosthetic limb (see annotated Fig. 20, wherein second motor is attached to 400)
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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 Hayes with a second motor configured to generate electrical energy in response to movement of a second portion, as taught by Balboni, in order to power the prosthetic.
Regarding claim 23, Haynes doesn't explicitly teach discloses a second motor configured to generate electrical energy in response to movement of the second portion of the prosthetic limb.
Balboni discloses a foot, the second portion being a heel of the foot (See Fig. 20, wherein rotation of the heel of 400 about 3a would cause 52 to generate electrical energy)
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 Haynes with a second motor configured to generate electrical energy in response to movement of a heel of the foot, as taught by Balboni, in order to power the prosthetic.
Regarding claim 24, Haynes doesn't explicitly teach discloses a second motor configured to generate electrical energy in response to movement of the second portion of the prosthetic limb.
Balboni discloses comprising a leg segment (Fig. 20, 3), the first portion being a section of the leg segment (Fig. 3, wherein both motors are connected to 3)
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 first portion of Haynes in view of Balboni to be a section of the leg segment, as taught by Balboni, in order to provide a transfemoral prosthesis that is able to recharge (¶0011).
Conclusion
Included below is relevant prior art that was considered but not relied upon for this office action:
US 2004/0102723 – discloses a knee-shin prosthetic system with a regeneration braking circuit 412
US 2006/0069448 – ¶0109 discloses a regenerative capacitor 18
US 2010/0023133 – ¶0123 discloses a power regenerative mode
US 2010/0312363 – ¶0096 – discloses power regeneration during swing flexion of the knee joint
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774