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 .
Applicant's arguments filed 7/23/2026 have been fully considered. Regarding the rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griebling et al (2021/0361445), the examiner almost fully agrees with applicant’s argument:
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The examiner agrees that the reducer should be interpreted as the four-bar linkage, however, it is the examiner’s position that the language “a reducer built in the second phalanx” falls short of having to be internal versus external. Additionally, placing a cosmesis on a prosthetic finger is well known in the art
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 7-8, “the other end of the first phalanx” lacks antecedent basis.
Claim 1, line 10, “the other end of the second phalanx” lacks antecedent basis.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griebling et al (2021/0361445).
Griebling et al teaches prosthetic finger comprising:
a first phalanx P2 having a shape corresponding to a shape from a distal phalanx to a middle phalanx of a finger;
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a motor built 14a in the first phalanx (see figure 3);
a second phalanx P1 having a shape corresponding to a phalanx of the finger connected to a palm (2 and/or 1);
a first joint (A2, B2) which connects one end of the second phalanx and the other end of the first phalanx and receives power from the motor to perform a first joint movement;
a reducer (3, 4) built in (part of) the second phalanx;
and a second joint (B1, B2) that is formed at the other end of the second phalanx and receives the power from the motor to perform a second joint movement (see at least par. 0033),
wherein the first joint movement and the second joint movement are synchronized with each other by the reducer movement (see at least par. 0028-0033).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/ Primary Examiner, Art Unit 3774