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 .
Response to Arguments
Applicant's arguments filed 07/29/26 have been fully considered but they are not persuasive.
On page 10 regarding prior art rejections Applicant argues the prior art fails to teach or disclose the last paragraph of claim 1. Applicant argues the gains schedule is what accelerates the change in current amplitude as compared to a standard PID controller without gains scheduling, and not a PID controller (Figure 10 and [0069]-[0074] of the instant specification). Applicant also argues Bedard uses the error between a requested trajectory and performed trajectory, as opposed to a current set point and measured current.
The Examiner respectfully disagrees, referring to Bedard’s equation 20 which clearly utilizes a gain scheduling to affect the current amplitude see Bedard Column 27 line64-column 68 line 15 where the gains scheduling is described. Further, the arguments stating Bedard uses a different error (not one between the current set point and measured set point) for their gains scheduling control but neglects to take into account Fu, which is provided by the rejection of record to teach how current set points and measured set points can be used within MR damping control. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. Where a rejection of a claim is based on two or more references, a reply that is limited to what a subset of the applied references teaches or fails to teach, or that fails to address the combined teaching of the applied references may be considered to be an argument that attacks the reference(s) individually. See MPEP 2145(IV).
On page 10 Applicant argues further Bedard could not be combined with Fu since Fu is non-analogous art, and concludes that since Fu does not mention prosthetics or orthotics, it is in a different field.
The Examiner respectfully disagrees, noting that Bisbee is the reference being combined with both Bedard and Fu, and points out that Bisbee and Fu are involved in the same field of endeavor, namely MR dampers. Fu need not use their damper within prosthetics in order to be within the same field.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21 is objected to for referring to a “knee joint” when it is unclear how, if at all, this relates to the previously claimed “prosthetic or orthotic device”. It is unconnected based on the claims, but it appears it might actually be a part of the device.
Appropriate correction is required.
Claim(s) 1-7, 12, 21, 23, and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisbee et al. (US 20060074493 A1) hereinafter known as Bisbee in view of Bedard (US 9649206 B2), further in view of Gain scheduling for semiactive MR dampers, by Fu et al., 2012 American Control Conference, June 27-29, 2012, pages 6114-6119, hereinafter known as Fu.
Regarding claim 1 Bisbee discloses a prosthetic or orthotic device comprising:
a frame (Figure 84) configured to house electronics ([0102]),
an actuator movably coupled to the frame (Figures 4-6 item 112) which is configured to rotate in an anterior-posterior direction about a medial-lateral axis (124), the actuator comprising a MR fluid (134) and a coil (115) operable to selectively apply a magnetic field to the MR fluid to vary its viscosity and thereby vary a torsional resistance of the actuator about the medial-lateral axis ([0006], [0164]), and
circuitry (802) configured to control an amplitude of a current applied to the coil ([0623]),
but is silent with regards to the type of controller used to control the amplitude of the current.
However, regarding claim 1 Bedard teaches a prosthetic or orthotic device can be controlled via a PID controller (Column 27 lines 59-64), which utilizes circuitry to accelerate a change in the component amplitude based on an error amplitude between a component set point and a measured component (Column 27 line 64- Column 28 line 15) to reduce a response time for varying the torsional resistance of the actuator, and Fu teaches utilizing a gains schedule to accelerate a change in component amplitude based on an error amplitude between a component set point and a measured component (page 6114 column 2 paragraph 2). Bisbee and Bedard are involved in the same field of endeavor, namely prosthetics, and Bisbee and Fu are involved in the same field of endeavor, namely MR dampers. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the current of the actuator of Bisbee via a PID controller in order to utilize a well-known type of controller to ensure the actual current applied to the actuator closely follows the desired current being applied to the actuator, thus ensuring appropriate actuator function. It would have further been obvious to one of ordinary skill to modify the Combination so the PID controller follows a gain scheduler as is taught by Fu, in order to reduce vibration and positively influence performance (Fu page 6119 column 1). In the Combination, which relies upon an MR actuator whose viscosity is controlled by current (Bisbee [0164]), the circuitry would obviously employ the gains schedule to accelerate a change in the current.
Regarding claim 2 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the actuator (112) is coupled to a proximal portion of the frame (Figure 3b).
Regarding claim 3 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the device is a prosthetic knee ([0163], Figure 4).
Regarding claim 4 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein the Combination further teaches the schedule of gains in the PID controller includes a plurality of proportional gains and a plurality of integral gains (Bedard Column 27 line 65-Column 28 line 7. Since Bisbee teaches the controller must function throughout a gait cycle (see at least figure 1), there are considered to be a plurality of each as the controller works over a period of time).
Regarding claim 5 the Bisbee Bedard Fu Combination teaches the device of claim 4 substantially as is claimed,
wherein Bedard further teaches the gains schedule includes a plurality of discrete gain values that are increasing/decreasing with a change in the error amplitude (column 27 line 65-column 28 line 15; a PID controller includes three discrete gains that change according to how far from the set point the measured component is).
Regarding claim 6 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bedard further teaches the circuitry has a proportional-integral (PI) controller (Column 27 line 63).
Regarding claim 7 the Bisbee Bedard Fu Combination teaches the device of claim 5 substantially as is claimed,
wherein the Combination further teaches the discrete gain values include a plurality of proportional gains and a plurality of integral gains (Bedard Column 27 line 65-Column 28 line 7. Since Bisbee teaches the controller must function throughout a gait cycle (see at least figure 1), there are considered to be a plurality of each as the controller works over a period of time).
Regarding claim 12 the Bisbee Bedard Fu Combination teaches the device of claim 4 substantially as is claimed,
wherein Bedard further teaches the gain schedule is continuous and establishes a direct relationship between the amplitude of the current error and the proportional integral gains (Column 27 line 65-Column 28 line 7).
Regarding claim 21 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the circuitry is configured to control the amplitude of the current applied to the coil ([0622]-[0623]) based in part on knee joint velocity feedback ([0580] the knee angle sensor determines velocity of the knee; [0576] the sensors transmit their information to the circuitry).
Regarding claim 23 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the circuitry includes one or more of a velocity, impedance, position, or torque controller ([0607] torque is controlled).
Regarding claim 25 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the error amplitude is iteratively calculated throughout a gait cycle (the claimed invention is directed towards a device not towards a method. The circuitry which utilizes the error amplitude is understood to be capable of calculating it throughout the gait cycle if desired. See also Bisbee figure 1 which relies upon the actuator in question throughout a gait cycle.).
Regarding claim 26 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the actuator further comprises an MR brake (112; [0163]) which is configured to provide a controlled amount of resistance to motion based on a strength of the magnetic field going through the MR fluid ([0006], [0164], [0180]).
Claims 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisbee, Bedard, and Fu as is applied above, further in view of Herr et al. (US 20150127118 A1) hereinafter known as Herr.
Regarding claim 9 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bedard further teaches a PID controller uses discrete numbers of current error amplitude to determine a value of a proportional gain and a value of an integral gain to use (Column 27 line 65-Column 28 line 7),
but is silent with regards to the PID controller with gain schedule using discrete ranges of current error amplitude.
However, regarding claim 9 Herr teaches that within prosthetic analysis, values and ranges can be used alternatively ([0088]). Bisbee and Herr are involved in the same field of endeavor, namely prosthetics. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the device of the Combination so that ranges are used rather than values to determine values, as is taught by Herr in order to simplify calculations of the controller, thus speeding up the controller as a whole and allowing it to work more immediately.
Regarding claim 10 the Bisbee Bedard Fu Herr Combination teaches discloses the device of claim 9 substantially as is claimed,
wherein Bedard further teaches the current error values are uniformly distributed (discrete numbers are considered to be uniformly distributed). While the Combination fails to teach the ranges being uniformly distributed, the Examiner notes that the person of ordinary skill would understand that having the ranges uniformly distributed would have been obvious since this is already taught by Bedard, and there is no disclosed or obvious reason to have the ranges used to not be uniform. The courts have held that choosing from a finite number of identified, predictable solutions with a reasonable expectation of success results in a prima facie case of obviousness. See MPEP 2143 (I)(E).
Claim 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisbee, Bedard, and Fu as is applied above, further in view of Langlois (US 20120283844 A1).
Regarding claim 22 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses the circuitry is configured to control the amplitude of the current applied to the coil ([0622]-[0623]),
but is silent with regards to the perturbation torque input being considered.
However, regarding claim 22 Langlois teaches considering a perturbation torque input for prosthetic control ([0184]). Bisbee and Langlois are involved in the same field of endeavor, namely prosthetic control. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the device of the Bisbee Bedard Fu Combination so that the perturbation torque is considered in the control scheme of the device in order to ensure all external influences are accounted for within the control scheme, thus increasing its performance.
Regarding claim 24 the Bisbee Bedard Fu Combination teaches the device of claim 1 substantially as is claimed,
wherein Bisbee further discloses a current controller ([0622]),
and wherein Bedard further teaches the control system is configured to implement a control signal for the actuator based on the current set point (column 27 lines 63-column 28 lines 17),
but is silent with regards to the circuitry comprising an outer loop controller to calculate the current set point.
However, regarding claim 24 Langlois teaches control circuitry for a prosthetic device can comprise an outer loop controller (133) configured to calculate a control component set point (Figure 3; [0048]). Bisbee and Langlois are involved in the same field of endeavor, namely prosthetic control. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the device of the Bisbee Bedard Fu Combination so that the set point is controlled by an outer loop controller as is taught by Langlois in order to ensure the set point changes and accommodates the system as a whole, throughout use, so that the controller of the Combination functions as a PID control system should.
Allowable Subject Matter
Claims 8 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 8, while Bisbee discloses a proportional gain of the PI controller, and an integral gain of the PI controller (Column 27 line 65-Column 28 line 7), Bisbee is silent with regards to the proportional gain decreasing when the error amplitude decreases, and the integral gain increases when the error amplitude decrease, and the prior art fails to teach this within a prosthetic or orthotic device.
Regarding claim 11, the prior art fails to teach that ranges of current error values within a gain scheduling PID controller for a prosthetic or orthotic device would be reducing, when the error size reduces. Additionally, there does not appear to be a reason to have this reduction in current error range values when the error size reduces.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacqueline Woznicki whose telephone number is (571)270-5603. The examiner can normally be reached M-Th 10am-6pm EST.
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/Jacqueline Woznicki/Primary Examiner, Art Unit 3774
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