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 Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.— Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim s 21 -26 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. FILLIN "Insert an explanation of what is in the claim and why it does not constitute a further limitation." Claim 21 depends off of claim 1 which is cancelled, where claims 22-26 all require the limitations of claim 21 . Here, Examiner assumes claim 21 is intended to be an independent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 102 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 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 ) FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 14 is/are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(1) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by Kazerooni (US Pub No.: 2007/0233279 ) . Regarding claim 14, Kazerooni (US Pub No.: 2007/0233279) teaches a prosthesi s (prosthesis disclosed in [0005] and [0012]) for aiding the human body (in [0006], a driving of a movement is present, which will aid the human body) comprising: a first part (figure 1 part 103); a second part (figure 1 part 105); an articulation mutually connecting said first and second parts in a manner such that the first and second parts can make rotations relative to each other (knee mechanism 107, defined in [0026]); and an electro-hydrostatic actuator adapted to control said rotations (hydraulic actuator to impart a rotation in [0039], where an electric generator is connected to the hydraulic motor in [0039]), wherein the electro-hydrostatic actuator comprises a hydraulic cylinder (hydraulic piston cylinders in [0037], being part 250 in figure 1) into which a fluid processed by a volumetric pump is supplied (pump details in [0041]-[0042]. As the hydraulic portion of the actuator is defined as acting as a pump in [0041] -[ 0042] with a cylinder in [0037]). 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 5 -26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazerooni (US Pub No.: 2007/0233279) in view of Fairbanks (US Pub No.: 2010/0023133) . Regarding claim 15 , Kazerooni teaches t he prosthesis according to claim 14 . However, Kazerooni does not teach wherein the volumetric pump is a rotary pump. Instead, Fairbanks (US Pub No.: 2010/0023133 ) teaches wherein the volumetric pump is a rotary pump (the hydraulic pump is disclosed in the abstract, where the pump, defined as part 201 in [0051], can comprise a rotary pump in [0058]) . 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Regarding claim 16 , Kazerooni in view of Fairbanks teach t he prosthesis according to claim 15, wherein Fairbanks teaches the volumetric pump is of the generated rotor type ( gerotor pump in [0058], where a gerotor pump is taken to be equivalent to a generated rotor pump) . 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 pump details of Fairbanks into Kazerooni for the purpose of providing a gerotor pump known in the art that is known in the art to be low noise and having a high degree of volumetric efficiency. Regarding claim 17 , Kazerooni in view of Fairbanks teach t he prosthesis according to claim 16, wherein Kazerooni teaches the electro-hydrostatic actuator is active between said articulated parts (in figure 1, the actuator, that comprises cylinder 250 and piston 249 is between articulated parts 103 and 105) . Regarding claim 18 , Kazerooni in view of Fairbanks teach t he prosthesis according to claim 17, with Kazerooni comprising a rod associated with a hydraulic cylinder (part 249 in figure 1 of Kazerooni ) , movable in the longitudinal direction and connected to said articulated parts to actuate the rotations thereof (part 249 moves within part 250, where the actuator actuations movement about a knee 107 . The cylinder will move in a longitudinal direction with respect to the prosthetic device in figure 1 as the cylinder is shown as extending across parts 103 and 105) . Regarding claim 19 , Kazerooni in view of Fairbanks teach t he prosthesis according to claim 18, wherein Fairbanks teaches the electro-hydrostatic actuator comprises a hydraulic cylinder ( hydraulic piston cylinder in [0055], seen as equivalent to part 250 of Kazeroon i with piston 249 i) in fluidic communication with a rotary volumetric pump (being the rotary pump [0058] of Fairbanks) , which is adapted to supply the fluid into the hydraulic cylinder in opposite directions by reversing a direction of rotation of a portion of the rotary volumetric pump (as per the function of a pump, and as the pumps of Fairbanks are disclosed as being hydraulic pumps in [0058], the pumps of Fairbanks drive an actuation of a hydraulic system including a piston cylinder in [0055] of Fairbanks) . 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Regarding claim 20 , Kazerooni in view of Fairbanks teach t he prosthesis according to claim 19, wherein the pump is associated with an electric motor and is adapted to operate in a regenerative manner for generating electric energy through the electric motor (disclosed in [0039] -[ 0040] and [0046]-[0047]) . However, Kazerooni does not teach a rotary volumetric pump. Instead, Fairbanks (US Pub No.: 2010/0023133) teaches a volumetric rotary pump (the hydraulic pump is disclosed in the abstract, where the pump, defined as part 201 in [0051], can comprise a rotary pump in [0058]). 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Regarding claim 21 , Kazerooni discloses t he prothesis (prosthesis disclosed in [0005] and [0012]) according to claim 1 wherein the electro-hydrostatic actuator comprises a hydraulic cylinder including at least one cylindrical chamber and a piston that is movable in the cylindrical chamber (chamber part 250 with cylinder part 249 shown in figure 1 of Kazerooni . Both parts with the electric generators in [0049] comprise an electro-hydrostatic actuator) , a pump in fluidic communication with the hydraulic cylinder for supplying a fluid into the cylindrical chamber (pump details in [0041]-[0042]. As the hydraulic portion of the actuator is defined as acting as a pump in [0041] -[ 0042] with a cylinder in [0037]) wherein the pump is of a rotary volumetric type (rotary hydraulic actuator in [0037] and [0054]) . Additionally, Fairbanks (US Pub No.: 2010/0023133) teaches a volumetric rotary pump (the hydraulic pump is disclosed in the abstract, where the pump, defined as part 201 in [0051], can comprise a rotary pump in [0058]). 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Regarding claim 22 , Kazerooni in view of Fairbanks teach t he prothesis according to claim 21, wherein Fairbanks teaches that the volumetric pump is of the generated rotor type wherein the volumetric pump is of the generated rotor type ( gerotor pump in [0058], where a gerotor pump is taken to be equivalent to a generated rotor pump). 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 pump details of Fairbanks into Kazerooni for the purpose of providing a gerotor pump known in the art that is known in the art to be low noise and having a high degree of volumetric efficiency. Regarding claim 23 , Kazerooni in view of Fairbanks teach t he prothesis according to claim 22, wherein the generated rotor pump comprises an internal rotor and an external rotor supported by rolling means (as Kazerooni teaches a vane rotary pump, an internal and outer rotor part are present. As the internal rotors will perform a rotation motion, a rolling of a part connected to the internal rotors is also seen as being present due to the disclosure of a rotary vane pump in [0058]) Regarding claim 24 , Kazerooni in view of Fairbanks teach t he prothesis according to claim 23, wherein Kazerooni discloses that the fluidic communication between the hydraulic cylinder and the pump for supplying a fluid into the cylindrical chamber occurs directly without using any valves or other fluid interception devices (while a valve is shown in figure 11 as part 216 as per [0043], not all embodiments of the device teach a valve. Said embodiments that do not have a valve 216 are in figure 1 and 10 that do not cite part 216) . Regarding claim 25 , Kazerooni in view of Fairbanks teach t he prothesis according to claim 24, wherein Kazerooni teaches that the piston is a double-acting piston (as the piston slides relative to cylinder 250 in [0037] to drive a movement of a leg about knee joint 107 in [0026] and generate electricity in [0039], the piston arrangement in figure 1 of Kazerooni is a double acting piston). However, Kazerooni does not teach a fluidic communication path between the hydraulic cylinder and the pump is substantially symmetrical . Instead, Fairbanks teaches a fluidic communication path between the hydraulic cylinder and the pump is substantially symmetrical (the path between the pump 201 and the hydraulic cylinder 104 in figure 1 are depicted as being cylinder). 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Regarding claim 26 , Kazerooni in view of Fairbanks teach t he prothesis according to claim 25 . However, Kazerooni does not explicitly teach wherein the hydraulic cylinder and the pump are arranged side by side. Instead, Fairbanks teaches wherein the hydraulic cylinder (part 104, shown in figure 2, labeled in [0055]) and the pump (part 201 as per [0058]) are arranged side by side (shown in figure 2. Additionally, the arrangement of said parts in figure 21 also satisfies the “side by side” requirement). 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 pump details of Fairbanks into Kazerooni for the purpose of providing a pump known in the art that is known in the art to be low noise and easy to maintain. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pusch (US Pub No.: 2022/0071779) discloses a prosthetic leg with a hydraulic actuator 40 and housing part 41 between the upper and lower leg. Swift (US Pub No.: 2013/0150980) considered for a lower extremity orthotic with a hydraulic torque generator 104. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT AREN PATEL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0144 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 7:00 - 4:30 M-Th . 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Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AREN PATEL/ Examiner, Art Unit 3774 /YASHITA SHARMA/ Primary Patent Examiner, Art Unit 3774