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 with respect to the 35 U.S.C. § 102 and 103 rejections of claim(s) 1-10 have been considered but are moot in view of the new grounds for rejection.
Applicant has amended claim to recite that the plunger is “entirely” disposed within the housing. In response to Applicant’s amendment Examiner has added reference Boender (US Patent No.: 6,106,560).
Applicant's arguments filed 02/20/2026 have been fully considered but they are not persuasive. With respect to Rennex in view of Okuda, applicant argues that one of ordinary skill in the art would not find it obvious to incorporate the switch valve of Okuda into Rennex as per the arrangement of elements in Okuda. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the switch valve cited in [0004] of Okuda, later disclosed in [0053] was previously incorporated into the device of Rennex. As Rennex teaches a hydraulic system with a check valve and a release valve in [0068] and figure 8b, and as Okuda teaches that the switch valve is in line with a check valve and a throttle valve in [0058] (where the throttle valve is similar in function to the release valve of Rennex), examiner argues that a switch valve arrangement as presented in Okuda can be incorporated into Rennex with knowable results as both devices are viewed as being in the same field of endeavor.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rennex (US Pub No.: 2002/0094919) in view of Okuda (US Pub No.: 2005/0234562) and Boender (US Patent No.: 6,106,560).
Regarding claim 1, Rennex (US Pub No.: 2002/0094919) discloses a hydraulic locking device for an exoskeleton joint (hydraulic locks in [0055]), comprising: a housing (housing in [0103]); an extendable and retractable hydraulic cylinder (being the hydraulic piston 576 in figures 34a-b and [0104]. As part 576 extends into cylinder housing part 575, 576 is cylindrical in figure 34a); a tank (the bladder boot 581 in [0104]); and a valve (valve disclosed in [0104] to lock), wherein the hydraulic cylinder is connected to the tank via a line arrangement (the valve is connected to the bladder through fluid lines 586) and the switching valve is disposed in the line arrangement (in [0104]), wherein the switching valve is configured to be switched between a release position and a blocking position (being the lock and unlocked position in [0104]), wherein the hydraulic cylinder is freely movable in the release position of the switching valve (as part 576 moves within part 575 when unlocked, as per [0104]), and the switching valve prevents retraction of the hydraulic cylinder in the blocking position (as per [0104], the locking will control part 570 to prevent a movement in [0104]), wherein the hydraulic cylinder is a plunger cylinder (plunger in [0104]) with a plunger cylinder (part 576 defined above) housing and a plunger piston movably disposed in the plunger cylinder housing (in [0104] and shown in figure 34a-34b as part 575).
However, the valve in Rennex is not explicitly defined as a switching valve. Instead, Okuda (US Pub No.: 2005/0234562) teaches a switch valve in [0004]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch valve of Okuda into Rennex for the purpose of providing a valve that can be switched from an open state to a closed state with a “small number of strokes” as presented in [0016] of Okuda.
Rennex in view of Okuda does not teach that the plunger cylinder is entirely disposed within the housing.
Instead, Boender (US Patent No.: 6,106,560) does teach that the plunger cylinder is entirely disposed within the housing (in figure 3, plunger cylinder part 23 that is housed in housing part 29). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the plunger cylinder shaped as part 23 such that it can be fully disposed in the housing of Rennex for the purpose of providing a piston with a piston rod 31 as Rennex teaches a plunger arrangement that is known in the art, where this piston arrangement prevents a locking of a joint as per column 3 lines 25-31.
Regarding claim 2, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 1, wherein Rennex discloses the hydraulic locking device has a rotary shaft (shaft part 62 in [0076]-[0077], where a rotating of the shaft is disclosed) and a lever (shaft boss 64, shown in figure 11c and [0076]-[0077]), wherein the rotary shaft is rotatably mounted about a first axis of rotation on the housing (in [0076]-[0077], rotary shaft is placed about the tibia) and the plunger cylinder housing is rotatably mounted about a second axis of rotation on the housing (hydraulic cylinder housing 575 is on the knee pivot of the device, as per [0104]. As such, it is on an axis of rotation of the device about the knee), and the lever comprises a shaft coupling portion and a piston coupling portion (shaft boss 64 with coupling details shown in figure 12), the shaft coupling portion being non-rotatably connected to said rotary shaft (64 coupled to 62 in [0076]-[0077]), and wherein the piston coupling portion is rotatably connected to the plunger piston (as part 64 is involved in a locking of the tibia in [0076]-[0077], an interfacing to the plunger member is required. Plunger part 576 is defined as a piston in [0104] of Rennex).
Regarding claim 3, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 2, wherein Rennex discloses the rotary shaft is rotatable between a first end position and a second end position (in [0076]-[0077], where a rotation about the range of a tibia is disclosed, with a collar causing locking over said range), wherein a dead point position is located between the first end position and the second end position (as a rotation about a natural range of motion is present, a point between the end positions of the rotated part is present), wherein the plunger piston (plunger part 576 is defined as a piston in [0104] of Rennex) is extended in the first end position and enters the dead point position upon rotation of the rotary shaft and extends upon rotation of the rotary shaft from the dead point position to the second end position (as the plunger will drive movement of the leg member during rotation, the piston extending across a central dead point is present when an actuation of the plunger is occurring).
Regarding claim 4, Rennex in view of Okuda and Boender teach he hydraulic locking device according to claim 1, wherein Okuda teaches the switching valve has a check valve (in [0058]-[0060]) which is active in the blocking position (in [0064]. It also stands to reason that the check valve will be open when the switching valve is open in Okuda to allow for a fluid transfer), the check valve opening in the direction of flow from the tank to the plunger cylinder (switch valve connected to check valve in [0015], [0027] and [0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch valve of Okuda into Rennex for the purpose of providing a valve that can be switched from an open state to a closed state with a “small number of strokes” as presented in [0016] of Okuda.
Regarding claim 5, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 1, wherein Okuda teaches that the plunger cylinder (plunger in [0058]) has a check valve (check valve disclosed in [0014]), the check valve opening in the direction of flow from the tank to the plunger cylinder (disclosed in [0060] where the plunger comprises a check valve and a throttle valve). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch valve of Okuda into Rennex for the purpose of providing a valve that can be switched from an open state to a closed state with a “small number of strokes” as presented in [0016] of Okuda.
Regarding claim 6, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 5, the plunger piston (plunger part 576 is defined as a piston in [0104] of Rennex) comprises the check valve (in [0060] of Okuda and [0104] of Rennex). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch valve of Okuda into Rennex for the purpose of providing a valve that can be switched from an open state to a closed state with a “small number of strokes” as presented in [0016] of Okuda.
Regarding claim 7, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 1, with Rennex disclosing the plunger piston and the plunger cylinder housing define a plunger chamber (chamber cylinder 40 to which the piston 38 slides into in [0067]), the plunger chamber being connected to the tank via a pressure relief valve (pressure release valve in [0068]).
Regarding claim 8, Rennex in view of Okuda and Boender teach the hydraulic locking device according to claim 1, wherein Rennex discloses the housing forms said tank, wherein the plunger cylinder s disposed within the tank (tank part 581 shown to have the plunger cylinder 575 and plunger 576 housed within it in figure 34a).
Regarding claim 9, Rennex in view of Okuda and Boender teach an exoskeleton joint comprising a hydraulic locking device according to claim 1 (exoskeletons shown in figures like 38a-b and disclosed in [0008] of Rennex).
Regarding claim 10, Rennex in view of Okuda and Boender teach the exoskeleton joint according to claim 9, wherein Rennex discloses the exoskeleton joint has a first receptacle (knee pivot 662 that is lockable in [0113] and shown in figure 38b. As said pivot is part of a four bar system in [0113], a receptacle for a moving member to perform the pivoting is implied) disposed on the housing (shown in figure 38b) and a second receptacle movably mounted on the housing via a four-bar linkage (four-bar system in [0113] with the second receptacle being the second pivot 660).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kokubu (US Pub No.: 2017/0219098) considered for the lock shaft in the abstract with hydraulic details in [0042]-[0043]. Ogasawara (US Pub No.: 2021/0131581) discloses a switching valve in the abstract.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/AREN PATEL/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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