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 .
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Wagner et al. (5704945) “Wagner”.
Regarding claim 1, Wagner discloses a prosthetic knee joint 1 (abstract and Figs. 1 and 4), comprising: a joint lower part 5; a joint upper part 6; and a hydraulic system 8 (abstract discloses hydraulic system), wherein the hydraulic system comprises an extension chamber 20, a flexion chamber 21, and at least one piston 19, wherein movement of the at least one piston 19 causes a volume of the extension chamber 16 and/or the flexion chamber 18 to change (as shown in change in positions of Figs. 4 and 5), wherein the hydraulic system comprises at least one switch valve 30, and the at least one switch valve comprises a valve housing, and a switch element 23 movably mounted within the valve housing, wherein the switch element can be brought into a first position and into a second position within the valve housing (col. 3, lin. 55-60 disclose the valve plunger 23 is displaceable counter to the action of valve plunger spring 24), and wherein the switch element 23 divides an interior of the valve housing into a first chamber and a second chamber (Fig. 4 discloses the valve housing 30 having the switch element 23), wherein the switch element 23 is pre-tensioned by at least one pre-tensioning element 24 arranged in the at least one switch valve 30; and at least one spring element 35 that applies a counter-force to the switch element 23, which is oriented against a pre-tension from the at least one pre-tensioning element 24 (Fig. 7 and col. 4, lin. 21-35 disclose the counter force of spring 35 which allows for control of the swing phase), wherein, within the valve housing and/or the switch element, at least one fluid connection 22 is arranged between the first chamber and the second chamber (as shown in Fig. 7).
Regarding claims 2-4, Wagner discloses at least one fluid connection 22 extends through the switch element 23 and the valve housing 30 and extends between the valve housing and the switch element (Fig. 4 discloses the fluid connection 22 extends in between valve housing 30 and switch element 23 and is present through the valve housing 30 and switch element 23).
Regarding claim 5, Wagner discloses a cross-section of the at least one fluid connection 22 cannot be changed or a fluid connected to the at least one fluid connection cannot be closed (Figs. 4 and 7 disclose the cross-section of the fluid connection 22 which cannot be changed).
Regarding claims 6-7, Wagner discloses wherein the at least one spring element is arranged in such a way that the switch element can be brought from the first position into the second position by applying a force to the at least one spring element for at least a predetermined period of time and wherein one of the preceding claims, characterized in that the switch element cannot be brought from the first position into the second position by applying a force to the at least one spring element for less than the predetermined time period (the structure of the prosthetic knee joint is fully capable of performing this intended use since the spring element 35 applies the force that allows for the switch element to be displaced from first position to second position).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774