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 § 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) 1-16 and 19-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griebling et al. U.S. Publication 2021/0085490 A1.
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Regarding Claim 1, Griebling et al. discloses a prosthetic digit 100 comprising: a proximal segment P1 connected to an intermediate segment P2 about a first axis of rotation; a distal segment P3 connected to the intermediate segment P2 about a second axis of rotation; a linkage 7a coupling the proximal segment P1 to the distal segment P3 and being connected to the proximal segment P1 about a third axis of rotation, the linkage 6 being configured to cause a distal end of the distal segment to rotate toward the proximal segment about the second axis of rotation when the intermediate segment is rotated in a palmar direction about the first axis of rotation; and a locking system comprising a unidirectional lock and a release mechanism (lever acting as a pawl 3a and ratchet 7b, as seen in Figures 2B and 3A-3C and paragraphs [0022-0024], [0026]), the unidirectional lock being configured to allow the intermediate segment to rotate freely in the palmar direction about the first axis of rotation but locking the intermediate segment from rotating in a dorsal direction (paragraphs [0022], [0024], [0026] and as seen in Figures 3A-3C), the release mechanism (pawl 3a) being configured to release the unidirectional lock to enable rotation of the intermediate segment in the dorsal direction (see Figures 3A-3C and paragraph [0022-0024], [0026]).
Regarding Claim 2, Griebling et al. discloses wherein the intermediate segment P2 is spring biased in the dorsal direction about the first axis of rotation such that rotating the intermediate segment in the palmar direction overcomes the spring bias (wherein the lever is spring biased 12a, see paragraphs [0022-0023]).
Regarding Claim 3, Griebling et al. discloses wherein, when the release mechanism 3a releases the unidirectional lock, the spring bias of the intermediate segment causes the intermediate segment to rotate in the dorsal direction (the lever acting as a pawl engages a ratchet surface, wherein the lever is spring biased 12a, see paragraphs [0022-0023]).
Regarding Claim 4, Griebling et al. discloses wherein the unidirectional lock comprises a ratchet surface 7b positioned on the intermediate segment and a pawl 3b configured to engage the ratchet surface 7b and prevent rotation of the intermediate segment in the dorsal direction (paragraphs [0022-0024] and ]0026] and as seen in Figures 2B, 3A-3C).
Regarding Claim 5, Griebling et al. discloses wherein the release mechanism comprises a lever 3a coupled to the proximal segment, the lever having a first end and a second end, and wherein the pawl of the unidirectional lock is formed by the second end of the lever.
Regarding Claim 6, Griebling et al. discloses, wherein: the lever 3a is spring biased 12a in favor of the pawl 3b engaging the ratchet surface of the intermediate segment (paragraphs [0022-0023]); and the lever 3a is manipulable to overcome the spring bias and disengage the pawl from the ratchet surface to release the unidirectional lock to enable rotation of the intermediate segment in the dorsal direction (paragraphs [0022-0024]).
Regarding Claim 7, Griebling et al. discloses wherein the first end of the lever is positioned to be depressed to overcome the spring bias of the lever and disengage the pawl from the ratchet surface (paragraphs [0023-0025]).
Regarding Claim 8, Griebling et al. discloses wherein the first end of the lever is configured to be depressed in the palmar direction thereby causing the pawl to move in the dorsal direction (paragraphs [0023-0025]).
Regarding Claim 9, Griebling et al. discloses wherein the intermediate segment P2 is spring biased in the dorsal direction about the first axis of rotation (as seen in Figures 3A-3B and paragraphs [0015], [0026] and [0031]).
Regarding Claim 10, Griebling et al. discloses wherein the intermediate segment comprises a curved surface on a dorsal side of the intermediate segment, and the rachet surface comprises a plurality of teeth 7b at spaced locations along the curved surface (as seen in the annotated Figures above).
Regarding Claim 11, Griebling et al. discloses wherein the plurality of teeth 7b define a plurality of discrete locking positions of the intermediate segment (as seen in Figure 2B).
Regarding Claim 12, Griebling et al. discloses an anchor 1, wherein the proximal segment 2 is configured to removably connect to the anchor 1 (paragraph [0019]).
Regarding Claim 13, Griebling et al. discloses wherein the proximal segment 2 is configured to be removably coupled to the anchor 1 in a plurality of rotational positions.
Regarding Claim 14, Griebling et al. discloses wherein the distal segment P3 includes a fingertip surface on a palmar side of the distal segment (as seen in Figure 1A).
Regarding Claim 15, Griebling et al. discloses wherein the proximal segment 2 comprises a base pad surface (the underside of the device) positioned on a palmar surface of the proximal segment (paragraph [0019]).
Regarding Claim 16, Griebling et al. discloses wherein the intermediate segment and the distal segment are configured to rotate in the palmar direction to close a separation distance between the fingertip surface and the base pad surface (as seen in the annotated Figures 2B and 3C).
Regarding Claim 19, Griebling et al. discloses a prosthetic digit 100 comprising a proximal segment P1 having a lever 3a, the lever 3a having a first end and a second end and being pivotable about a first axis of rotation between a first position and a second position and being spring biased toward the first position such that the spring bias opposes pivoting the lever about the first axis of rotation in the direction from the first position toward the second position and depressing the first end of the lever overcomes the spring bias to pivot the lever toward the second position (as seen in Figures 2A-3C and paragraphs [0022-0025]); an intermediate segment P2 having a proximal end and a distal end, the proximal end of the intermediate segment being pivotably attached to the proximal segment P1 and having a plurality of teeth 7b arranged about an outer edge of the proximal end forming a ratchet surface (as seen in the annotated drawings above), the intermediate segment P2 being coupled to the proximal segment P1 such that the intermediate segment is pivotable relative to the proximal segment about a second axis of rotation (as seen in Figures 3A-3C); wherein the intermediate segment is pivotable between a fully-extended position and a fully-closed position (as seen in Figures 1A-3C); the intermediate segment is spring-biased toward the fully-extended position (see paragraphs [0022-0025]); the lever 3a of the proximal segment P1 engages one or more of the teeth arranged about the outer edge of the proximal end of the intermediate segment when the lever is in the first position and does not engage any of the teeth when the lever is in the second position such that: the lever of the proximal segment resists the intermediate segment pivoting toward the fully-extended position when engaging one or more teeth about the outer edge of the proximal end of the intermediate segment (paragraphs [0022-0024]); and when the first end of the lever is depressed, the lever pivots to the second position and the intermediate segment pivots toward the fully-extended position (as seen in Figures 3A-3C and paragraphs [0022-0025]).
Regarding Claim 20, Griebling et al. discloses wherein the intermediate segment is configured to rotate in a palmar direction from the fully-extended position toward the fully-closed position lever acting as a pawl 3a and ratchet 7b, as seen in Figures 2B and 3A-3C and paragraphs [0022-0024], [0026]).
Regarding Claim 21, Griebling et al. discloses wherein the intermediate segment includes a central axis extending longitudinally from the proximal end to the distal end (as seen in Figure 2D), and wherein the second axis of rotation is offset from the central axis of the intermediate segment (as seen in the annotated Figure 3C above).
Regarding Claim 22, Griebling et al. discloses a distal segment P3 pivotably attached to the distal end of the intermediate segment P2 such that the distal segment is capable of pivoting relative to the intermediate segment about a third axis of rotation (rotation by “T”, see Figure 2A).
Regarding Claim 23, Griebling et al. discloses further comprising a linkage 6 coupled to the proximal segment P1 and the distal segment P3 such that pivoting the intermediate segment P2 about the second axis of rotation causes the distal segment P3 to pivot about the third axis of rotation “T” (see Figures 2A-3C and paragraphs [0022], [0027-0028]).
Regarding Claim 24, Griebling et al. discloses wherein the distal segment includes fingertip surface (as seen in the annotated Figures 2B and 3C).
Regarding Claim 25, Griebling et al. discloses wherein the proximal segment P1 comprises a base pad surface positioned on a surface of the proximal segment (as seen in the annotated Figures 2B and 3C).
Regarding Claim 26, Griebling et al. discloses wherein the intermediate segment is configured to pivot from the fully-extended position toward the fully-closed position to close a separation distance between the fingertip surface and the base pad surface (as seen in the annotated Figures 2B and 3C).
Regarding Claim 27, Griebling et al. discloses wherein, when the intermediate segment is in the fully-closed position, a gap exists between the fingertip surface and the base pad surface (as seen in the annotated Figures 2B and 3C).
Claim Rejections - 35 USC § 103
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 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) 18 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Griebling et al. U.S. Publication 2021/0085490 A1 in view of Segil et al. U.S. Publication 2020/0155330 A1.
Regarding Claims 18, 29, Greibling et al. does not expressly disclose wherein the distal segment includes a fingernail portion protruding from an end of the distal segment. Segil et al. teaches a prosthetic digit in the same field of endeavor comprising a distal segment 160 having a fingernail that protrudes from an end of the distal segment 160 (as seen in Figures 1B-1C and paragraph [0058]) for the purpose of creating a prosthetic finger that can mimic the natural mechanisms of a finger (paragraph [0030]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Greibling’s distal segment to further include a fingernail portion that protrudes from an end of the distal segment as taught by Segil for the purpose of creating a prosthetic finger that can mimic the natural mechanisms of a finger.
Claim(s) 17 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Griebling et al. U.S. Publication 2021/0085490 A1 in view of Acevedo et al. U.S. Publication 2022/0313456 A1.
Regarding Claim 17, 28, Griebling et al. discloses wherein the proximal segment, the intermediate segment, and the distal segment are made from a first material and wherein the fingertip surface and the base pad surface are each made from a material more compliant than the first material. Acevedo et al. teaches a prosthetic digit 100 in the same field of endeavor comprising a proximal segment (by portion 118), intermediate portion (by portion 110, the middle of the prosthesis) and a distal segment 104 (paragraph [0016] and as seen in Figures 1A-1B), wherein the distal segment includes a fingertip surface 146 formed from a conductive silicone/elastomeric material (paragraphs [0004], [0019]) and the proximal, intermediate and distal segment is formed from a metallic frame (paragraphs [0004] and [0017]) for the purpose of having a body that is formed from a suitable lightweight material (e.g. titanium) for the purpose of having a lightweight, strong prosthetic digit and the base or underside and fingertip is formed from a silicone interface for improved grip during object handling (paragraphs [0004], [0018]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Greibling’s prosthetic digit to further include a body (proximal, distal and intermediate segments) that are formed from a metallic frame and a base or underside and fingertip that is formed from a silicone or elastic member for the purpose of having a prosthetic digit that is lightweight and strong and allow for improved grip during object handling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEEMA MATHEW whose telephone number is (571) 270-1452. The examiner can normally be reached on Monday-Friday 9 am – 5 pm.
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/SEEMA MATHEW/
Primary Examiner, Art Unit 3774
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