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 § 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuiken et al (US 20160158029 A1) "Kuiken" in view of Herr et al (US 20140296997 A1) "Herr" .
Regarding Claim 1, Kuiken discloses a device for replacing or augmenting a limb of a user (Abstract), comprising: a joint (rotating knee joint 2120, FIG. 19A-C), an actuator linkage (motor 2124, slider 2112, nut 2128, FIGS. 19A and 19C), a base structure (pylon 2104, FIG. 19A), a knee structure (knee joint 2102, FIG. 19A), rotatably attached to the base structure via the joint, and a linkage mechanism (par. [0117], four bar linkage) comprising at least three linking elements (connecting link 2110, crank link 2114, supporting link 2130, FIGS. 19A and 19C),
wherein a first end of the linkage mechanism is coupled to the joint (crank link 2114 coupled to rotating knee joint 2120, FIG. 19C), a second end of the linkage mechanism is coupled to the actuator linkage (connecting link 2110 coupled to rotational joint 2118, FIG. 19C), and a third end of the linkage mechanism is coupled to the base structure (supporting link 2130 coupled to pylon 2104, FIG. 20A),
wherein the actuator linkage applies a torque to the joint through the linkage mechanism (par. [0117]);
characterized in that the actuator linkage comprises a linear actuator (slider 2112/screw 2126) with a nut (nut 2128) and a motor (motor 2124) to actuate the linear actuator,
wherein the actuator linkage connects a motor joint (attachment between motor and pylon, FIG. 19A) and a nut joint (rotational joint 2118);
wherein a first of the linking elements (connecting link 2110) is a push/pull link and connects the nut joint and a knee lever arm joint,
wherein the knee lever arm joint is positioned on the knee structure (FIGS. 19A and C);
wherein a second of the linking elements connects the nut joint to the base structure (supporting link 2130);
and wherein a third of the linking elements (crank link 2114) consists of a lever arm link, which connects the knee joint and the knee lever arm joint, but does not disclose a push/pull link comprising a structural flexible element and being elastic. However, Herr, in the same field of art, teaches an artificial limb system (Abstract) with said push/pull link comprising a structural flexible element and being elastic (pars. [0018] and [0054], series elastic element/buckled-beam). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Kuiken to include a push/pull link comprising a structural flexible element and being elastic, as taught by Herr, in order to amplify the available joint power, reduce motor work, and improve shock tolerance (Herr, par. [0008]).
Regarding Claim 2, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the nut is a ball- screw nut (par. [0117]).
Regarding Claim 3, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the actuator linkage applies the torque by driving at least one of the linking elements (par. [0117], FIG. 19C).
Regarding Claim 4, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein said linkage mechanism is rotationally coupled to the joint and the actuator linkage (rotating knee joint 2120, rotational joint 2118, FIG. 19C).
Regarding Claim 5, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the linkage mechanism comprises at least three linking elements (connecting link 2110, crank link 2114, supporting link 2130, FIGS. 19A and 19C).
Regarding Claim 6, Kuiken, as modified by Herr, further discloses the device according to claim 1, further comprising a crank member having a first end connected to the actuator linkage, and a second end connected to the linkage mechanism (FIGS. 21A-D).
Regarding Claim 7, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the joint has an axis of rotation (rotating knee joint 2120, rotational joint 2118, FIG. 19C).
Regarding Claim 8, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the nut is movable along the actuator linkage free from the base structure (par. [0117], FIG. 19C).
Regarding Claim 9, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the linear actuator is a roller screw linear actuator and the nut is a roller screw nut (par. [0117]).
Regarding Claim 10, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the linear actuator is a lead screw linear actuator and the nut is a lead screw nut (par. [0117]).
Regarding Claim 11, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the linear actuator comprises a linear motor, that directly moves the nut (par. [0117], FIG. 19C).
Regarding Claim 12, Kuiken, as modified by Herr, further discloses the device according to claim 1, wherein the device is a prosthesis and/or an orthosis device (pars. [0004] and [0117]).
Regarding Claim 13, Kuiken, as modified by Herr, further discloses the device according to claim 12, wherein the device is an upper-limb prosthesis and/or orthosis, a lower-limb prosthesis and/or orthosis, or a knee prosthesis and/or orthosis (pars. [0004] and [0117]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATALIE NICOLE THOMAS whose telephone number is (571)272-0004. The examiner can normally be reached Monday - Friday 8:30am-5pm.
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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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/NATALIE N THOMAS/ Examiner, Art Unit 3774
/KATRINA M STRANSKY/ Primary Examiner, Art Unit 3700
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