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 .
Election/Restrictions
Applicant’s election of Specie IV: Figs. 20,21 in the reply filed on 5/22/26 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)). Claims 2, 6, 7, 10, 11 are thus withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 103
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) 1,3-5,8,9,12 are rejected under 35 U.S.C. 103 as being unpatentable over Ward et al. (2014/0330393). Fig. 1a shows an ankle system 12 for use with a prosthetic foot structure 16. Fig. 1b shows the ankle system comprising: an outer housing 22 comprising at least one through hole 20, said outer housing configured to receive an inner housing 14; said inner housing comprising an adaptor 18, at least one pin slot (bearings 72 extending through openings considered as pin slot), and a base (lower part of main body 14); at least one linkage pin, said at least one linkage pin (bearings 72 provide slot for pin) configured to fit through said at least one pin slot; wherein said inner housing is configured to move within said outer housing from a first position (main body 14 shown in in a first position, Fig. 3b) to a second position (main body 14 shown in a second position, 3d) along an arcuate path (the disclosed positions shown moving along an arcuate path, Figs. 2d, 2e); and a spring body 32 having a length, see Fig. 1b, said length comprising a first end 54 and a second end 56; wherein said first end is configured to engage said inner housing via mount 52. However, the embodiment of Figs. 1a-e fail to show said second end of the spring body being configured to engage the prosthetic foot structure. It is noted though that Ward et al. do disclose another embodiment (Fig. 13) in which a spring 522 has its second end 524 configured to engage the prosthetic foot structure 516. It would have been obvious to one of ordinary skill in the art at the time of the invention to alternatively arrange the second end of a spring structure in a configuration to engage the prosthetic foot structure per the teaching of Fig. 13 in order to absorb heel strike, store energy and help tilt the toe, see paragraph 138. Regarding claim 3, it can be seen Ward et al. show (Fig. 1a) said inner housing comprises at least a second pin slot at joint 54 and said ankle system further comprises a second linkage pin and wherein said pin slots are disposed within said inner housing along said arcuate path, see Figs. 1d, 2d, 2e. Regarding claim 4, Ward et al. show (Figs. 1b,1d) the inner housing comprising a plurality of pin slots 54,58,36,40 and said ankle system comprises a corresponding plurality of linkage pins, and wherein said plurality of pin slots are disposed within said inner housing along said arcuate path (slots shown disposed along the arcuate path, Figs. 1d, 2d, 2e, paragraph 31). Regarding claim 5, it is noted that Ward et al. do disclose a moveable element (joint 58 that includes a slot and pin configuration to rotatably connect the spring to the mounting block 22, see Fig. 1b). However, the embodiment of Figs. 1a-e did not disclose the moveable element to be disposed between a lower surface of the inner housing and an upper surface of the spring. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the placement of a moveable element such that it is disposed between a lower surface of the inner housing and an upper surface of the spring, since rearranging parts of an invention only involves routine skill in the art. Further the movement recited to occur along a horizontal axis from a position toward a rear portion of the inner housing to a position toward a front portion of said inner housing was not disclosed for the embodiment of Figs. 1a-e of Ward. However, Ward et al. did disclose an alternative embodiment as seen in Figs. 7a,7b in which the structure of the embodiment includes a moveable element (joint 258) is movable along a horizontal axis from a position toward a rear portion of said inner housing (moveable element positioned at a rear portion of the inner housing as indicated by joint 258 in configuration in Fig. 7a) to a position toward a front portion of said inner housing (moveable element positioned at a front portion of the inner housing as indicated by the joint 258 configuration as shown in Fig. 7b). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify where the moveable element is arranged such that movement is along a horizontal axis from a position toward a rear portion of said inner housing to a position toward a front portion of said inner housing based on the additional teachings of Ward et al. in the alternative embodiment of Figs. 7a, 7b in order to adjust the ankle system by controlling the lever arm position changes, see paragraph 105. Regarding claim 8, Ward et al. disclose the ankle system having a moveable element (joint 54 that includes a slot and pin to rotatably connect to spring and inner housing) of embodiment Figs. 1a-e being at least partially disposed within a slot (slot can be construed to be part of joint hole) formed in a lower half surface of said inner housing. Regarding claim 9, Ward et al. did not explicitly disclose in the embodiment of Figs. 1a-e ankle system a first locking screw and a second locking screw configured to engage said moveable element within said slot. However, Ward et al. did disclose in an alternative embodiment shown in Figs. 7a,7b an adjustment system with a screw 264, see Fig. 7a and paragraph 106 along with also a second locking screw (drive screw and nut 274, Fig. 7a, paragraph 107 configured to engage the moveable element within the slot. It would have been obvious to one of ordinary skill in the art at the time of the invention to also incorporate a first locking screw and a second locking screw configured to engage the moveable element within the slot based on the additional teachings of Ward et al. in the embodiment of Figs. 7a,7b in order to adjust the ankle system by controlling the lever arm position changes, see Ward paragraph 105. With respect to claim 12, it must be noted that the term “bumper” is not being any special definition as to construction or material. Thus, the ankle system of Ward et al. can be construed to comprise a bumper 56 attached to said spring body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Day et al. disclose an ankle system with inner and outer housing with a through hole along with a moveable element and at least one linkage pin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E PELLEGRINO whose telephone number is (571)272-4756. The examiner can normally be reached 8:30am-5:00pm M-F.
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/BRIAN E PELLEGRINO/Primary Examiner, Art Unit 3799
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