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 .
Election/Restrictions
Applicant’s election of species A in the reply filed on 11/25/2025 drawn to claims 1-5, 7-8 and 12-14 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). The applicant also claims that claim 15 reads on elected species A; to which the examiner respectfully disagree as claim 15 recites shoulder embodiment of instant application which is non-elected as submitted on 11/25/2025.
Claims 6, 9-11 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/25/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/26/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
The amendments to claims 1-15 filed on 01/26/2024 is acknowledged by the Examiner.
Claims 1-15 are pending in the application.
Claims 6, 9-11 and 15 remain withdrawn from consideration.
Claims 1-5, 7-8 and 12-14 are currently under examination.
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(s) 1-5, 7-8 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kilbey et al.(2020/0113721).
With respect to claim 1, Kilbey et al. discloses an orthosis (see figures 7-8), comprising: a first fastening element (46) for fastening a first orthosis component (48) on a proximal body part of a user (see figures 7-8); a second orthosis component (38) having a second fastening element (42) for fastening on a distal body part of the user (see figures 7-8) and a joint device (12) arranged on a proximal end of the second orthosis component (see figures 7-8), wherein the joint device comprises an upper joint part (22) and allows pivoting (along the axis through element 12) of the second orthosis component in a sagittal plane relative to the upper joint part [paragraph 0120-0123] about a joint axis (axis through element 12), wherein the upper joint part is mounted or formed in a fastening device (36, 98, 82) to be pivotable and/or displaceable in a frontal plane and to be rotationally rigid (by means of 24) in the sagittal plane on the first orthosis component [paragraph 0120-0123].
With respect to claim 2, Kilbey et al. discloses wherein the upper joint part is mounted to be displaceable in a proximal-distal direction but not be displaceable in an anterior-posterior direction [paragraph 0120-0123].
With respect to claim 3, Kilbey et al. discloses wherein the upper joint part is configured to be flexible in the frontal plane [paragraph 0120-0123].
With respect to claim 4, Kilbey et al. discloses wherein the upper joint part is mounted or configured to be rotatable or rotatably rigid in a transverse plane [paragraph 0120-0123].
With respect to claim 5, Kilbey et al. discloses wherein the upper joint part is configured in multiple parts (see figures 1-8).
With respect to claim 7, Kilbey et al. discloses wherein the upper joint part is mounted on the fastening device on at least one pin or bolt and/or between two lateral guides (the examiner interprets the elements 98 as two lateral guides since claim require and/or limitations between guides and/or pin or bolt).
With respect to claim 8, Kilbey et al. discloses wherein the upper joint part is configured as a resilient element (element 22 is configured as a resilient element since it is slidable in element 82).
With respect to claim 13, Kilbey et al. discloses wherein the fastening device (36, 98, 82) has a parallel guide (98) in which the upper joint part (22) is guided.
With respect to claim 14, Kilbey et al. discloses wherein the orthosis is configured as a hip orthosis (see figures 7-8) wherein the first fastening element is configured for fastening the first orthosis component on a torso of the user and the second fastening element is configured for fastening the second orthosis component on a thigh of the user (see figures 7-8).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kilbey et al. in view of SIMA et al. (2021/0085502).
Kilbey et al. substantially discloses the invention, please see rejection above; however, Kilbey specifically fails to disclose an actuator arranged between the upper joint part and the second orthosis component. However, SIMA et al. teaches an analogous art of joint device having actuator (40) mounted in or on a holder that is arranged between the upper part connection and the lower part connection [0018] to provide relative movement [0040]. 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 apparatus of Kilbey et al, to have actuator as taught by SIMA et al. to provide relative movement to device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARLA R PATEL whose telephone number is (571)272-3143. The examiner can normally be reached M-Th 6-2:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARLA R PATEL/Primary Examiner, Art Unit 3786
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