DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claims 31, 33, 36, and 38 are objected to because of the following informalities: Claims 31 and 36 recite “configured store” in lines 4 and 4-5, respectively, which appears to be missing the word – to – between the words “configured” and “store”. Claims 31 and 36 recite “the motorized actuator” in lines 6 and 8, respectively, which appear to be referring to – the actuator --, as recited earlier in each of the claims. Claims 33 and 38 each recite a redundant limitation “wherein the shorting modulates an impedance response of the apparatus” in line 2 and lines 2-3, respectively, which should be removed. Appropriate correction is required.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 21-40 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US Patent Application Publication No. 2010/0113980 A1 to Herr et al. (Herr).
Regarding claims 21, 31, and 36
Herr teaches a lower-extremity prosthetic, orthotic and exoskeleton apparatus, components thereof, and methods for controlling the same (paragraph 0002). Herr meets the limitations of a prosthesis, orthosis or exoskeleton apparatus (fig. 17 shows a lower-extremity prosthetic apparatus; 1700), as well as a method performed in a prosthesis, orthosis, or exoskeleton apparatus (paragraph 0002) comprising: a proximal member (lower leg member; 1712); a distal member (foot member; 1708); a joint (1740) connecting the proximal and distal members (paragraph 0269 discloses that the ankle joint permits the foot member 1708 to rotate relative to the lower leg member 1712), the joint adapted to permit flexion and extension between the proximal and distal members (paragraph 0303 discloses movement of the ankle joint across the entire range of rotation – from maximum plantarflexion to maximum dorsiflexion); an actuator (1716) configured to apply a joint torque to the joint and applying torque at the joint with the actuator (paragraph 0270 discloses that the actuator applies torque about the ankle joint); a sensor (1704) configured to detect at least one of a phase or a change in a phase of joint motion in a repetitive cycle and detecting at least one of a phase and a change in a phase of joint motion in a repetitive cycle with the sensor (paragraph 0295 disclose using sensor feedback to identify state changes as the apparatus transitions through the stance-phase and swing-phase states); a battery (1768) to store electrical energy and to power the apparatus (paragraph 0290 discloses that the battery provides power to the apparatus), and a controller (1762; It is noted that the controller of Herr includes non-transitory computer-readable storage medium for use in conjunction with the prosthesis, orthosis, or exoskeleton apparatus and includes instructions as claimed) configured to short the leads of the actuator and based at least in part on an output of the sensor, by generating a command signal at the controller, the command signal configured to modulate the torque applied at the joint with the actuator, the modulating comprising shorting the leads of the actuator (paragraph 0325 discloses that the controller shorts the leads of the actuator as claimed, and also meets the limitations that based at least in part on an output of the sensor, by generating a command signal at the controller, the command signal configured to modulate the torque applied at the joint with the actuator, the modulating comprising shorting the leads of the actuator as claimed).
Regarding claim 22
Herr teaches the prosthesis of claim 21, where the controller recovers electrical energy from the apparatus during at least part of the repetitive cycle (paragraph 0273 discloses storing/recovering energy during at least part of the repetitive cycle of the joint).
Regarding claims 23, 32, and 37
Herr teaches the prosthesis of claims 21, 31, and 36, wherein the shorted leads are pulse-width modulated (paragraphs 0293-0295 disclose pulse width modulation signals provided to the linear actuator).
Regarding claim 24
Herr teaches the prosthesis of claim 23, wherein the apparatus is a leg prosthesis, orthosis, or exoskeleton (apparatus 1700 is a leg prosthesis since it is coupled to the lower leg of the wearer), and the pulse-width modulation is performed during a swing phase of walking (paragraph 0295 discloses that the PWM is performed during swing phase).
Regarding claims 25, 33, and 38
Herr teaches the prosthesis of claims 21, 31, and 36, wherein the shorting modulates an impedance response of the apparatus (paragraph 0325 discloses an impedance response/viscous drag on the motor shaft output that is modulated by the shorting of electrical leads).
Regarding claim 26
Herr teaches the prosthesis of claim 25, wherein the impedance has at least one of an impedance and damping component (paragraph 0325 discloses viscous drag on the motor shaft output which has at least one of an impedance and damping component).
Regarding claims 27, 33, and 38
Herr teaches the prosthesis of claims 25, 31, and 36, wherein the repetitive cycle comprises a plurality of states (paragraph 0295 discloses state changes as the apparatus transitions through the stance-phase and swing-phase states), and the impedance response applies an exponential decay when transitioning from one state to another (paragraph 0257 discloses that the control system applies impedance and torque control in the stance phase, optimizing the inertial, spring and damping characteristics of the ankle, as the ankle transitions through the heel/toe strike, foot down, peak energy storage (dorsiflexion with exponential hardening), powered plantarflexion and toe-off events).
Regarding claims 28, 34, and 39
Herr teaches the prosthesis of claims 21, 31, and 36, wherein the controller shorts the leads of the actuator without receiving a signal from an inertial measurement unit (paragraph 0325 discloses that the controller shorts three electrical leads in response to the belt breakage sensor detecting a failure of one or more of the plurality of belts – since the belt breakage sensor is not disclosed to be an IMU, this limitation is met by Herr).
Regarding claim 29
Herr teaches the prosthesis of claim 21, wherein the battery is not removable from the apparatus (paragraph 0290 discloses a battery in the housing 1764 – since Herr does not disclose that the battery is removable from the apparatus, this limitation is met).
Regarding claims 30, 35, and 40
Herr teaches the prosthesis of claims 21, 31, and 36, wherein the leads are shorted in response to detecting a fault or power interruption (paragraph 0325 discloses that the controller shorts three electrical leads in response to the belt breakage sensor detecting a failure of one or more of the plurality of belts).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELISSA A HOBAN whose telephone number is (571)270-5785. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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/M.A.H/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
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