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 .
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.
Specification
The attempt to incorporate subject matter into this application by reference to an incorporation by reference statement added after an applications filing date is ineffective because no new matter can be added to an application after its filing date.
Claim Objections
Claim(s) 6 and 9 are objected to because of the following informalities:
In claim 6, line 1, “receiving a command to a perform both” should read “receiving a command to perform both”
In claim 9, line 1, “wherein the first and/or second actuators is/are configured” should read “at least one of the first of second actuators is configured”
Appropriate correction is required.
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.
Claim(s) 11 -21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lipsey et al. (US 9839534).
Regarding claim 11, Lipsey et al. discloses a method for operating a prosthetic thumb (360), the method comprising: rotating a digit of the prosthetic thumb (360) about a first axis (see Col. 7, lines 19-34 disclosing the digit and primary axes); rotating the digit about a second axis, the second axis being nonparallel to the first axis (see Col. 8, lines 64-67 disclosing the internal drive axis of a worm pinion (363) being skewed to 20 degrees relative to the primary flexion/rotation axes, inherently fulfilling the requirement for a second axis being non-parallel to the first); and changing an orientation of the first axis relative to a fixed reference frame of the prosthetic thumb (360) in response to rotating the digit about the second axis (see Col. 7, lines 8-34 disclosing the stationary structural base of an endoskeleton (370) or the forearm (150) to which moving modules are mounted).
Regarding claim 12, Lipsey et al. discloses the method of claim 11, wherein the fixed reference frame is a mount of the prosthetic thumb (360) (see Col. 7, lines 19-26 disclosing the modular mounting interface of the thumb (360) and the endoskeleton (370) acting as the fixed reference frame).
Regarding claim(s) 13-14, Lipsey et al. discloses the method of claim 11, further comprising rotating the digit about the first axis and the second axis simultaneously; and rotating the digit about the first axis and the second axis according to an operating profile (see Col. 6, lines 40-56 disclosing a master control (102) programmed to coordinate different components of the limb (10) and a hierarchical bus system to transmit motion packets to all secondary controllers (103) simultaneously, allowing for rotation of the thumb (360) (first axis) while the wrist is rotating (second axis)).
Regarding claim 15, Lipsey et al. discloses the method of claim 11, further comprising detecting the orientation of one or more of the first axis and the second axis using one or more sensors (see Col. 6, lines 51-56 disclosing real-time feedback via CAN bus that facilitates bidirectional communication, to which the secondary controllers (103) process the raw sensor data and send feedback packets back to the mater controller (102)).
Regarding claim 16, Lipsey et al. discloses a method for operating a prosthetic thumb (360), the method comprising: actuating a first actuator of the prosthetic thumb (360) that is housed within a digit of the prosthetic thumb (see Col. 8, lines 40-41 disclosing the thumbs (360) own motor (361) and a planetary gear (362) inherently allowing the digit to be a self-contained unit capable of complex motion); actuating a second actuator of the prosthetic thumb (360) that is housed within the digit of the prosthetic thumb (see Col. 7, lines 29-34 disclosing the rotor motor (310) acting as the second actuator that provides secondary rotations of the thumb (360) relative to the palm); rotating the digit about a first axis in response to actuating the first actuator (see Col. 40-45 disclosing that actuating the motor (361) causes the digit to rotate about its primary axis); and rotating the digit about a second axis that is non-parallel to the first axis in response to actuating the second actuator (see Col. 8, lines 64-67 disclosing skewed/non-parallel geometry between axes).
Regarding claim(s) 17-18, Lipsey et al. discloses the method of claim 16, but fails to disclose rotating the digit according to an operating profile; and rotating the digit about the first axis and the second axis simultaneously (see Col. 6, lines 40-56 disclosing a master control (102) programmed to coordinate different components of the limb (10) and a hierarchical bus system to transmit motion packets to all secondary controllers (103) simultaneously, allowing for rotation of the thumb (360) (first axis) while the wrist is rotating (second axis)).
Regarding claim 19, Lipsey et al. discloses the method of claim 16, further comprising manually rotating the thumb about a third axis that is different than the first axis and the second axis (see Col. 8, lines 58-64 disclosing a third axis at the base of the thumb (360), initiated by the worm gear (364), which can be oriented in opposed and non-opposed positions and is different from the first axis (flexion) and second axis (skewed)).
Regarding claim 20, Lipsey et al. discloses the method of claim 16, further comprising receiving a command to actuate the first and second actuators (see Col. 9, lines 37-45 disclosing secondary controllers (103) receiving commands from the master controller (102) within the digit, to send signals to FETs to initiate motor windings of the first and second actuators).
Regarding claim 21, Lipsey et al. discloses the method of claim 16, further comprising adjusting an orientation of a third axis defined by a rotation axis of a bevel gear of the prosthetic thumb (360) in response to the rotation of the digit about the second axis (see Col. 8, lines 51-67 disclosing a worm gear (364) as being off-axis, creating a tooth profile allowing for proper meshing even when the pinion (363) is skewed, inherently allowing the worm gear (364) to perform the same functional role of a bevel gear in order to translate motion between non-parallel axes).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-10 are rejected under 35 U.S.C. 103 as being unpatentable over Puchhammer (US 7867287) and further in view of Lipsey et al. (US 9839534).
Regarding claim(s) 2-3, Puchhammer discloses a method for operating a prosthetic thumb, the method comprising: actuating a first actuator configured to cause a digit of the prosthetic thumb (3) to rotate about a first axis (see Col. 4, lines 29-33 disclosing a first drive (6) acting as the first actuator to swivel the thumb (3) and the first swivel axis (15a); actuating a second actuator configured to cause the digit to rotate about a second axis, wherein an orientation of the first axis is different than an orientation of the second axis (see Col. 5, lines 31-36 disclosing a second drive (30) acting as the second actuator and a second swiveling axis (31), and simultaneous actuation of drives (6 and 30) resulting in natural mobility of the thumb) ; rotating the digit about the first axis in response to actuation of the first actuator (see Col. 4, lines 29-33 disclosing the rotary disk (7) allowing for rotational movement); rotating the digit about the second axis in response to actuation of the second actuator (see Col. 5, lines 31-33, 51-55 disclosing a gear wheel segment (34) creating an axis of rotation (31), and simultaneous actuation of drives (6 and 30) resulting in natural mobility of the thumb); but fails to disclose adjusting an orientation of a third axis relative to a fixed reference frame of the prosthetic thumb in response to rotation of the digit about the second axis to disclose the third axis extending longitudinally along a clutch assembly of the prosthetic thumb and having a different orientation than the first axis and the second axis; and adjusting the orientation of the first axis relative to the fixed reference frame in response to rotating the digit about the second axis.
Lipsey et al. also discloses a transmission arrangement where the spatial orientation of one component’s drive axis is adjusted by the actuation of a preceding joint (see Col. 2, lines 38-51 disclosing the transmission arrangement creating rotation of a digit about a second axis). Lipsey et al. teaches the forearm (150) or a socket connector (95) acts as a fixed reference frame for a prosthetic limb (10), a non-backdrivable clutch (330/930) comprising a grounded annulus (332/932), rollers (333/933) and an output cam (334/934) creates a clutch assembly with and a third axis formed by a differential roller screw (340/540) or worm pinion (363) that extends longitudinally (see Col. 6, lines 2-11; Col. 7, lines 35-57 disclosing a fixed reference frame, clutch assembly and a third axis caused by differential orientation). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Puchhammer’s multi-axial kinematic architecture with multiple drives that allow for both ulnar and palmar movements, wherein a high-efficiency clutch and transmission system is used to create a more dexterous prosthetic limb as taught by Lipsey et al. Doing so would allow for a prosthetic thumb to rotate about two axes while simultaneously reorienting a longitudinal internal clutch assembly.
Regarding claim(s) 4-6, Puchhammer in view of Lipsey et al. discloses the method of claim 2, but fails to disclose rotation about the first axis comprises a pinch rotation; rotation about the second axis comprises a lateral rotation; and receiving a command to a perform both a pinch rotation and a lateral rotation, and wherein the first axis is a pinch axis and the second axis is a lateral axis.
Lipsey et al. also discloses the prosthetic hand (30) may be positioned in various positions by way of a master controller (102) (see Col. 2, lines 34-37; Col. 6, lines 31-39 disclosing hand positions and control hardware). Lipsey et al. teaches coordination of grip rotations on different axes allows the prosthetic hand (30) to transition in a chuck grip (pinch rotation) involving rotating the digit about a primary axis of flexion and a radial/ulnar deviation (lateral rotation) involving a rotation axis skewed between about 10-30 degrees (see Fig. 11 illustrating the chuck grip; and Col. 3, lines 4-6 disclosing lateral rotation). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Puchhammer’s necessary degrees of freedom for anatomical thumb movement (palmar and radial/ulnar), wherein the use of a non-backdrivable clutch and skewed longitudinal axis maximizes force to position a prosthetic hand into various positions as taught by Lipsey et al. Doing so would create a thumb that is both dexterous enough for complex grips and powerful enough to maintain them without active battery consumption.
Regarding claim 7, Puchhammer in view of Lipsey et al. discloses the method of claim 2, but fails to disclose the digit rotates about the first axis and the second axis simultaneously.
Lipsey et al. also discloses discrete modular components including a hand (30), a wrist rotator (90), a wrist flexor (70) and an elbow (50) (see Fig. 1 illustrating the modular components of the prosthesis). Lipsey et al. teaches simultaneous actuation of the modular units, each representing a different axis of rotation that can be activated simultaneously to perform complex anatomical movements (see Col. 6, lines 40-43 disclosing the master controller (102) orchestrating the movement of multiple modular components simultaneously. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Puchhammer’s dual-actuator thumb architecture, wherein a non-backdrivable clutch and longitudinal roller screw are used to maintain hand positions without the constant power consumption as taught by Lipsey et al. Doing so would result in a prosthetic thumb that can perform complex rotations, while utilizing a space-saving high-torque drive train.
Regarding claim 8, Puchhammer in view of Lipsey et al. discloses the method of claim 2, but fails to disclose determining an orientation of the digit using one or more sensors of the prosthetic thumb.
Lipsey et al. discloses the integration of sensors (365) for orientation and position of the prosthetic (10) components (see Col. 9, lines 3-5 disclosing the sensors and relation to the master controller (102)). Lipsey et al. teaches a position sensor (365) located within modular joints, determine the exact orientation of the components relative to one another (see Col. 9, lines 3-5 disclosing absolute position sensors). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Puchhammer’s multi-axial kinematic structure, wherein the advanced sensory feedback and control architecture is used for determining orientation of individual components as taught by Lipsey et al. Doing so would facilitate the precise determination of the digit’s orientation during the command rotations.
Regarding claim 9, Puchhammer in view of Lipsey et al. discloses the method of claim 2, but fails to disclose the first and/or second actuators is/are configured to rotate the digit at various speeds.
Lipsey et al. also discloses a pulse width modulation technique. Lipsey et al. teaches a master controller (102) and a secondary controller (103) regulate the power delivered to the brushless interior rotor motors (310/361) using pulse width modulation techniques, in order to vary the rotational speed of the actuators (see Col. 7, lines 29-34; Col. 9, lines 37-45 disclosing the interacting with the master controller (102) and secondary controller (103), and the inherent capability of the brushless motors to operate at variable speeds when paired with electronic communication). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Puchhammer’s multi-axial thumb architecture, wherein the sophisticated electronic control and motor management of the modular components of a prothesis can be operated at varying speeds as taught by Lipsey et al. Doing so would allow a user to transition between the palmar and radial position at speeds appropriate for the task at hand.
Regarding claim 10, Puchhammer in view of Lipsey et al. discloses the method of claim 2, but fails to disclose the fixed reference frame is a mount of the prosthetic thumb.
Lipsey et al. discloses moving digit assemblies: endoskeleton (370), socket connector (95) and forearm (150), and modular mounting plates. Lipsey et al. teaches the endoskeleton (370) acting as the mounting frame, must be rigid enough to absorb the reaction forces generated by the high-torque actuators and the clutch, ensuring “pinch forces” are directed into the object being grasped rather than deforming the thumb itself (see Col. 7, lines 19-34 disclosing the clutch (330) which inherently ensures the force is distributed through the endoskeleton (370) preventing burn out under heavy loads). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Puchhammer’s multi-axial mechanical framework, wherein the structural and load-bearing endoskeleton (370) ensures stability and force isolation as taught by Lipsey et al. Doing so would provide a rigid anchor for prosthetic actuators and a stable reference point for position-tracking sensors.
Conclusion
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/STEFAN BRADLEY CAMPBELL/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799