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 .
Specification
In the Amendments to the Specification of June 11, 2026, the second paragraph to be amended begins at page 6, line 29, rather than at page 6, line 2, as indicated by the corrected page attached to the instant Office action.
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.
Claims 1-2, 5-6, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Bai, CN107901060 A. Figures 17-20, for instance, illustrate an anchor portion 18 and/or 19 (Figures 21-22), a base portion 9, 16; an elongate digit 5 and optionally 6; a first portion 13 of a pivot connection mounted on base portion 9, 16; a second portion 12 of a pivot connection mounted on a proximal end of digit 5 and connected to first portion 13 via component 10; and a linear actuator 1-4, 11 having a first portion (motor 1 and rod 2) contained within and secured to (via shafts 7-8 and 11-13) elongate digit 5 for movement therewith and a second portion (nut 4 and shaft 11) remote therefrom, axially movable relative thereto (via screw 3), acting against base portion 9, 16, and being operable with pivot connection (10, 12, 13) to thereby cause pivotal movement of digit 5 around said pivot connection upon axial movement of second portion 4, 11 relative to first portion 1, 2 of linear actuator 1-4, 11 [machine translation: pages 9-12, notably page 10, last full paragraph (“the screw 3 pulls and pushes the first motor 1 to axial movement; the first motor 1 pulls and pushes the first rod 2 for axial movement”); paragraph bridging pages 1 and 2; page 2, large middle paragraph; page 6; note: in the attached copy, the cited passages are shifted downwardly to some extent relative to the pdf version used by the examiner)].
Regarding claim 2, the second portion 4, 11 of the linear actuator includes outwardly extending transfer pivot pins 11 received by apertures in base portion 9, 16 (Figures 18, 20; page 10, last full paragraph). Regarding claims 5-6, longitudinal rotation axis 20 of base portion 9, 16 extends transversely between proximal and distal sides, with base portion 9, 16 mounted to anchor portion 19 via housing 18 and worm 15 bearing against worm wheel 16 of said base portion and actuated by electric motor 17 (Figures 17-21; abstract; page 7, last full paragraph; page 8, first full paragraph; paragraph bridging pages 9 and 10). Regarding claim 9, digit 5 (and optionally 6) may comprise a thumb (page 12, first full paragraph; page 5, third full paragraph). Regarding claim 10, anchor portion in this case corresponds to housing 18, which is mounted on palm portion 19 (Figures 21-22; page 7, last full paragraph; page 8, first full paragraph). Regarding claim 11, the prosthetic device may include a plurality of such prosthetic digits (Figure 21; page 12, first, third, and fourth full paragraphs; paragraph bridging pages 1 and 2).
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.
Claims 3 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bai, CN107901060 A. Regarding claim 3, under an alternative interpretation, digit 5 further comprises component 10, which may be Y-shaped as well as arc-shaped (Figures 5-12, 17-19; page 6, third paragraph): digit 5, 10 second portions (at Y-shaped sides of component 10) extending into respective first portions 13 at first and second (opposite) sides of base portion 9, 16 would have been obvious in order to securely engage digit component or pull rod 10 to the first portion or rotating shaft 13, with the ordinary practitioner having been left to devise specific details as to the mechanical fixation between components 10 and 13. Regarding claims 12-15, controllers with load sensor feedback were common in the art at the effective filing date of the present invention and would have been obvious in order to provide an “automatic operating device” that maintains forces or loads under pivotal and rotational movements of digits within sufficient but safe ranges for “disabled” or “handicapped” individuals and to avoid breaking objects to be grabbed or carried (paragraph bridging pages 1 and 2). Regarding claim 16, motor bracket or housing 18 being hollow with an internal aperture capable of receiving power and actuation connections or wiring would have been obvious in order to power and control electric motors 1 and 17.
Allowable Subject Matter
Claims 4, 7-8, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s comments have been considered but are deemed moot in view of the new grounds of rejection.
Conclusion
Applicant’s amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL (MPEP § 706.07(a)). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Melanie Tyson can be reached at telephone number 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H WILLSE/ Primary Examiner, Art Unit 3774
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