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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-23, Figs. 1-5 and 10-12 in the reply filed on 05/26/2026 is acknowledged. Claims 9-11 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Thus, claims 1-8, 12-18 and 20-23 are presently pending in this application.
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.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The term “without significant shear force” renders the claims indefinite since it’s a relative term that is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 12-18 and 20-23 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Hurley et al. (2013/0123940) “Hurley”.
Regarding claim 1, Hurley discloses a prosthesis sleeve (Fig. 1; par. 0184 discloses a prosthetic socket) defining a longitudinal axis extending between a first end of the prosthesis sleeve and a second end of the prosthesis sleeve distal to the first end (the dotted line shown in Fig. 3), the second end of the prosthesis sleeve being trimmable to adjust a length of the prosthesis sleeve for a user (par. 0112 and 0188 disclose trimming the prosthesis to match the residual limb length).
Regarding claims 2-4, Hurley discloses wherein the second end is hollow (as shown in Fig. 3, the struts 20 have a space in between) and wherein the second end is circumferentially discontinuous and a longitudinal opening extending from the first end towards the second end (the spacing between struts 20; Fig. 2).
Regarding claims 5-7, as best understood, Hurley discloses the prosthesis sleeve is configured to allow the longitudinal opening to be widened, thereby to allow a portion of a limb to be moved into the prosthesis sleeve laterally through the widened longitudinal opening and configured to allow the longitudinal opening to be widened sufficiently that the portion of a limb can be moved into the prosthesis sleeve laterally through the widened longitudinal opening without significant shear force being applied to a distal end of the portion of a limb and wherein the prosthesis sleeve is circumferentially flexible to allow the longitudinal opening to be widened (female telescoping member 22 allows for the tensioning member 12 to tighten or loosen which allows the spacing between adjacent struts 20 to be widened; par. 0186 and Fig. 2).
Regarding claim 8, Hurley discloses wherein the prosthesis sleeve comprises a hinge portion that allows the longitudinal opening to be widened (pars. 0124 and 0147 disclose providing adjustability using hinge mechanism).
Regarding claim 12, Hurley discloses wherein the second end is formed from one or more materials selected such that the second end is trimmable using a hand shears or scissors (par. 0112 and 0188 disclose trimming the prosthesis to match the residual limb length which is fully capable of being performed by using a hand shears or scissors).
Regarding claim 13, Hurley discloses a prosthesis end cap 21 (Figs. 2-3) comprising a receiving portion 37 configured to receive the second end of the prosthesis sleeve of claim 1 (Fig. 3 and par. 0187 disclose the receiving portion 37 engineered to receive the distal aspect of strut 20).
Regarding claim 14, Hurley discloses the prosthesis sleeve is configured for releasable attachment to the prosthesis sleeve (release button 62; Fig. 4 and par. 0188).
Regarding claims 15 and 16, Hurley discloses wherein the receiving portion 37 comprises a recess 31 and wherein the recess comprises an axial groove (the serrated portion of channel 31; par. 0187) extending in a circumferential direction around at least a portion of the prosthesis end cap (Figs. 3 and 5 disclose the channel 31 receives struts 20 which are circumferentially arranged around the end cap 21 where the channel 31 has a serrated groove which circumferentially receives the ends of the struts 20).
Regarding claim 17, Hurley discloses the prosthesis end cap 21 comprising at least one hole for receiving a fastener 34 for fastening the prosthesis end cap to the prosthesis sleeve (fasteners 34/32 attached the prosthesis end cap 21 to the struts 20 by securing the distal attachment member 21).
Regarding claim 18, Hurley discloses the prosthesis end cap of claim 13, comprising a prosthetic formation or mechanism (modular alignment component 35; Fig. 3).
Regarding claim 20, Hurley discloses a prosthesis (socket in Fig. 1) comprising the prosthesis end cap 21 of claim 13, attached to the trimmed second end of the prosthesis sleeve of claim 1 (Fig. 3 and par. 0112 and 0188 disclose trimming the prosthesis to match the residual limb length).
Regarding claims 21-23, Hurley discloses a method of manufacturing the prosthesis of claim 20, comprising: trimming the second end of the prosthesis sleeve to adjust a length of the prosthesis sleeve for a user (par. 0112 and 0188 disclose trimming the prosthesis to match the residual limb length); and attaching the prosthesis end cap 21 to the trimmed second end of the prosthesis sleeve (Fig. 3), wherein trimming the second end comprises cutting the second end using hand shears or scissors (par. 0112 and 0188 disclose trimming the prosthesis to match the residual limb length which would require using a hand shears or scissors); wherein attaching the prosthesis end cap comprises: inserting the trimmed second end 20 into an axial groove 31 extending in a circumferential direction around at least a portion of the prosthesis end cap (Figs. 3 and 5 disclose the channel 31 receives struts 20 which are circumferentially arranged around the end cap 21 where the channel 31 has a serrated groove which circumferentially receives the ends of the struts 20); and fixing the prosthesis end cap to the trimmed second end using at least one fastener (fasteners 34/32 attached the prosthesis end cap 21 to the struts 20 by securing the distal attachment member 21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774
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