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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 is objected to for claiming “a piston being arranged in an interior of the fluid chamber “respective define…”. It appears the “respectfully” term is in the wrong location within the spot, assuming it means that the upper chamber and lower fluid chamber are located respectfully in an upper portion and lower portion thereof.
Appropriate correction is required.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 20140371874 A1) hereinafter known as Wu.
Regarding claim 1 Wu discloses a prosthesis socket vacuum suction structure (Figures 4a-b) comprising:
an ankle pressure cylinder (1) having an interior in which a fluid chamber (2) and fluid supply compartment (3) are arranged,
a piston (23) in an interior of the fluid chamber to define an upper fluid chamber (21) and a lower fluid chamber (22) in an upper portion and a lower portion thereof, respectively,
a fluid-chamber channel (33) formed in a top end of the fluid supply compartment (3) which is connected to and in communication with the upper fluid chamber (Figures 4b-5),
a diversion channel ([0024]-[0025]) connected to the fluid-chamber channel (33) and the lower fluid chamber (22),
a socket assembly connected to an upper portion of the ankle pressure cylinder (94),
and a prosthesis sole connected to a lower portion of the ankle pressure cylinder (92),
wherein an angle of the ankle pressure cylinder is capable of being oscillated through displacement to allow the piston to regulate interior fluid pressures of the upper and lower fluid chamber (Figures 6 and 8 show the ankle pressure cylinder changing angles, see also the Abstract, [0001], [0004]) for balancing and cushioning ([0001]),
but is silent with regards to the diversion channel being connected to the middle of the fluid-chamber channel 33.
However, regarding claim 1 Wu teaches the diversion channel connects the fluid-chamber channel 33 and lower fluid chamber 22 ([0024]-[0025]) thereby allowing the fluid to move from the upper to the lower chambers. While not teaching the diversion channel connected to the middle of the fluid-chamber channel, the function of the channels within piping system has the same function as that diversion channel described by Applicant. It would have been obvious to have a channel connecting the middle of the fluid-chamber channel 33 and the lower chamber 22 since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. See MPEP 2144.04(VI)(C). In this case, the adjustment of the channels would functionally change how the system works, and would accordingly be obvious to the person of ordinary skill.
Regarding claim 2 Wu discloses the prosthesis socket vacuum suction structure of claim 1 substantially as is claimed,
wherein Wu further discloses the fluid supply compartment comprises a one-way flowing arrangement (see at least Figure 3 items 5-6 and [0023] which describes at least a one-way flowing arrangement through either item 5 (e.g. an inlet flow) or item 6 (e.g. an outlet flow)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacqueline Woznicki whose telephone number is (571)270-5603. The examiner can normally be reached M-Th 10am-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, Jerrah Edwards can be reached on 408-918-7557. 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.
/Jacqueline Woznicki/Primary Examiner, Art Unit 3774 02/17/26