Prosecution Insights
Last updated: April 19, 2026
Application No. 18/377,617

BIONIC JOINT AND A PROSTHESIS FOR REPLACING AN ELBOW JOINT

Non-Final OA §102§112
Filed
Oct 06, 2023
Examiner
STEWART, ALVIN J
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Technische Universität München
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
894 granted / 1082 resolved
+12.6% vs TC avg
Minimal +1% lift
Without
With
+1.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
39 currently pending
Career history
1121
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
34.3%
-5.7% vs TC avg
§102
39.0%
-1.0% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1082 resolved cases

Office Action

§102 §112
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 § 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 appl icant regards as his invention. Claims 1- 13 and 15- 21 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 11-16 are unclear. The language used after the phrase : “second rigid link” is not clear. The sentence is unclear and could benefit from rephrasing for clarity and conciseness. Regarding claim 2, the wherein clause is not clear. What does the Applicant mean with the phrase: “wherein the compliant joint is compliant in an out-of-plane direction with respect…” What does the Applicant’s representative want to positively claim? Regarding claim 10, lines 11-15 are unclear. The sentence is unclear and could benefit from rephrasing for clarity and conciseness. For example, the flow of the sentence after “a second pulley … ” in line 11 is not concise. Correction is required. Regarding claim 11, lines 2-4 are unclear. Does the motor is configured to drive a shortening of both string sections at the same time? Looking at Figure 5, the spindle is only capable of shortening one string section at a time , since , the two pulleys are directly in contact with the spindle. If the spindle rotates both pulleys will rotate. For example, if the first - string section (22) is reduced in length, the second - string section (20) will increase in length and vice versa. Therefore, the shortening of the two string sections cannot be both at the same time. The Applicant’s representative must claim that the shortening occurs in one string section while the other string section lengthen. Correction or clarification is required. Regarding claim 15 , line 6, what does the applicant’s representative mean that: cross-flexural pivots being spaced along? What is the normal? Does the Applicant’s representative is referring to the normal plane of the principal plane of rotation? Clarification or correction is required. See also, line 11 and line 13. The above criticisms are not exhaustive. Applicant should carefully revise all the claims. 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 10 , 11 , and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Rastgaar et al US patent 9,849,003 B2 . Rastgaar et al discloses a prosthesis (100) comprising a first rigid link (113); a second rigid link (110) , a joint (from element 125 to element 155) arranged between an end of the first rigid link (113) and an end of the second rigid link (110). The joint capable of enabling a rotational movement between the first rigid link (113) and the second rigid link (110) with respect to each other. A first-string section (see figure below) and a second-string section (see figure below) extending from the first rigid link (113) to the second rigid link (110). Both string sections being fixed to the second rigid link (14), and arranged on opposite sides of the joint (see Fig. 1). A spindle (125) arranged/connected in the first rigid link (see Fig. 4A) and coupled (see NOTE below) to a first pulley (see figure below) and a second pulley (see figure below) . The first pulley is connected to the first-string section ( see below ) and the second pulley is connected to the second-string section ( see below ) such that rotating the spindle ( 125 ) winds up one of the string section s and unwinds the other one of the string section s. The winding and unwinding of the string sections will drive the rotation of the first rigid link and the second rigid link with respect to each other around the joint . NOTE: the meaning of the word: “coupled” does not require that the structures need to be in contact with each other, therefore, the claims do not require that the two pulleys need to be in contact with the spindle. Since, the single wire above is wind ing up the spindle/element 125, when the 1 st string section is in the extended position (longer), the 2 nd string section will be in the shortened position making possible the rotational movement of the prosthetic joint. Regarding claim 11, see figure above disclosing an electric motor (128). The motor is capable of driving the spindle to two different rotational directions for the purpose of shortening or lengthen the two string sections . The shortening and lengthen of the string sections promote the rotational movement of the first link with respect to the second link. Regarding claim 20, the Examiner is interpreting the ventral position as the anterior position of the implant (100) and the dorsal position as the posterior position of the implant (100). Ventral, dorsal, anterior and posterior positions are just positions of an implant relative to the ground or any other fixed structure (for example). If element (72) of the prosthetic arm (in Figure 5) is bend parallel to the arrow (26) in Fig. 5 then the ventral position becomes the anterior position and the dorsal position becomes the posterior position. Therefore, the implant (100) reads on the claimed subject matter. Allowable Subject Matter Claims 1-9, 15-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action. Claims 12, 13 , and 2 1 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ALVIN J STEWART whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4760 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:30AM-6PM EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Thomas Barrett can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4746 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALVIN J STEWART/ Primary Examiner, Art Unit 3799 3/4/26
Read full office action

Prosecution Timeline

Oct 06, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
84%
With Interview (+1.2%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 1082 resolved cases by this examiner. Grant probability derived from career allow rate.

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