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 .
Election/Restrictions
The restriction requirement, 9/22/2026, has been withdrawn.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.2
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 3, “said device comprising” should be –said prosthetic feedback device—.
Claim 1, “an inflation circuit of said chamber” should be -- an inflation circuit of said at least one air chamber--.
Claim 1, “as a function of said motor” should be --as a function of said at least one driving motor.
Claim 2, “said motor (singular)” should be –at least one driving motor--. This can be confusing with a possible pump motor.
Claim 4, is “said motor referring to the driving motor or a probable motor on the pump 41?
Claim 5, “the portion of said contact surface” lacks antecedent basis. The claim is ambiguous. Please rewrite/explain.
Claims 7-8, 9-10, 13 are unclear how claiming a prosthesis comprise a prosthetic feedback device according to claim 1 further limit claim 1. Same for claim 8. What limitations of the prosthesis are being claimed? For claim 9, please rewrite with a step of providing the prosthesis according to claim 7.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-13 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1, “at least one air chamber interposed at least partially between said body and said user” is interpreted as positively claiming the user. Suggested language, “at least one air chamber --configured to interpose--
Claims 5 and 11, said at least one air chamber is placed in proximity to the portion of said contact surface proximal to the part of said user wherein the skin deforms during a normal movement of said user positively claims the user/skin.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barontini et al (Wearable Integrated Soft Haptics in a Prosthetic Socket, published 19 February 2021).
Barontini et al teaches a prosthetic feedback device (see title) configured to be associated with a prosthesis (see figure 1); said prosthesis comprises at least one driving motor of said prosthesis (Soft Hand Pro motor);
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said device comprising (transitional phrase):
an attachment body (socket 2) configured to come into direct contact with the user and defining a contact surface with said user;
at least one air chamber (4) interposed at least partially between said body and said user (see Section IV. Integration in a Prosthesis);
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an inflation circuit (Figure 3) of said chamber; and
a control board (7) of said device configured to command said circuit to inflate said at least one chamber as a function of said motor so that said at least one inflated chamber protrudes from said contact surface pressing against said user and thus providing said feedback (see at least the abstract, Section I, Introduction, C. Electronic and Control System).
2. Wherein said prosthesis comprises an encoder configured to measure the output of said motor (measures at least the current); and wherein said control board is configured to control inflation of said at least one chamber as a function of said output of said motor measured by said encoder. See at least A. The Control Strategy.
3. Wherein said control board is configured to control inflation of said at least one chamber as a function of residual current of said motor. See at least A. The Control Strategy.
4. Wherein said control board is configured to control inflation of said at least one chamber as a function of residual current of said motor; wherein said control board comprises an ideal (real) profile associating said residual of said current absorbed by said motor in ideal conditions to said output of said motor; and wherein said control board is configured to control said inflation of said at least one chamber as a function of said residual current given by a difference between the absorbed current and the ideal current with the same output. See at least A. The Control Strategy.
5 and 11. Comparing included figure 1 above with applicant’s figure 2, both at least one air chamber are placed in proximity to the portion of said contact surface proximal to the part of said user wherein the skin deforms during a normal movement of said user.
6. See a plurality of said at least one chamber 4.
7. See discussion for claim 1 above.
8. See discussion for claim 1 above noting hand 1.
9. A feedback method comprising a prosthesis according to claim 7 and comprising
at least one movement phase of said prosthesis wherein said motor controls a movement of said prosthesis (SoftHand Pro motor); and
at least one feedback phase wherein said board commands said circuit to inflate said at least one chamber as a function of said motor so that said at least one inflated chamber protrudes from said contact surface pressing against said user and thus providing said feedback. See at least the abstract and A. The Control Strategy.
10. The feedback method according to claim 9, wherein said movement and feedback phase
11. wherein said at least one air chamber is placed in proximity to the portion of said contact surface proximal to the part of said user wherein the skin deforms during a normal movement of said user.
12. referring to figure 3, plurality of chambers (see figure 1 and 3); circuit comprises a pump 1, conductor (self-evident) placing said pump in a fluid passage connection with all of said chambers and at least one valve 4 configured to direct the flow at the outlet of the pump towards part of said chambers so as to vary the inflation of said chambers.
13. The feedback method according to claim 9, wherein said prosthesis being a hand 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/Primary Examiner, Art Unit 3774
