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 .
Abstract
The abstract of the disclosure is objected to because on the last line, “Figure 1” should be omitted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text (MPEP § 608.01(b)).
Specification
The disclosure is objected to because of the following informalities: On page 6, last sentence, “or curved” lacks proper grammatical syntax. On page 11, line 16, “anchors 23” should apparently read --anchors 22, 23--. On page 13, third to last line, “of the limb or of the limb” is not understood. On page 17, line 22, “representation.a” lacks proper syntax. On page 18, line 13, the sentence should end with a period (.); on line 17, “mounted movable mounted” is not understood. On page 19, fifth to last line, “anchors 22” should evidently be replaced by --anchors 22, 23--. 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.
Claims 1-22 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Will et al., US 2019/0183663 A1, which discloses a main prosthetic socket body including spaced apart opposite socket wall edges and regions along corresponding medial support element 5 and lateral support element 6 and having anchors in the form of eyelets, channels, or rollers for receiving tensioning devices 11-13 of mechatronic functional elements additionally comprising motors 41-43, sensors, switches, and control unit 40 (abstract; drawings; paragraphs 0001, 0011-0013, 0021, 0028-0029, 0031-0032, 0039, 0057+, 0084-0085). Motors 41-43 and tensioning devices 11-13 respectively define upper, middle, and lower mechatronic modules designed to partially fill a space between opposite medial-most and lateral-most regions of socket elements or walls 5 and 6, respectively (Figures 4-5). Regarding claim 18, these modules are prefabricated as motors attached to tensioning devices, the latter partially filling a space between the two spaced apart opposite socket wall edges of support elements or walls 5 and 6 (Figures 4-5); each electronic motor (paragraphs 0028, 0062, 0066, 0071-0072) covers an area of a socket wall.
Regarding claims 3-4, each mechatronic functional element is capable of being released or disassembled from the anchors (MPEP § 2114) and is bidirectional or reversible in operation (paragraphs 0012-0013, 0082). Regarding claims 5-6 and 21-22, the eyelets, channels, or rollers are form-fit and force-fit in order to support forces and to stably engage tensioning devices 11-13 [Figures 7-9 (locking); paragraphs 0019-0022, 0043, 0066, 0070, 0084-0085]. Regarding claims 7-8 and 11, the patentability of a product does not depend on its method of production (MPEP § 2113). Regarding claims 9-10, the opposite socket wall edges may be spaced apart from one another and generally aligned along a proximal-distal direction (Figures 1, 3, 5, 7). Regarding claims 11 and 19, the main body may be additively manufactured (paragraphs 0035-0036). Regarding claim 12, the main body has a conical basic shape with an open cross-section (Figures 1-5; paragraphs 0013, 0026, 0076). Regarding claims 13-14, end cap 2 is fastened on the main body, and fastening devices for the mechatronic elements are arranged on the end cap in order to at least secure contact sensor 30 and control unit 40 (Figures 1-5; paragraphs 0057-0058, 0069, 0072). Regarding claim 15, the opposite socket wall edges are elastically displaceable toward each other (paragraphs 0016, 0024, 0069). Regarding claim 16, tensioning devices 11-13 are viewed as fastening devices for the anchors (i.e., eyelets, channels, and/or rollers). Regarding claim 20, the main body is initially formed with a closed cross-section at end cap 2 from which segments 5 and 6 are separated to form the socket wall edges (Figures 1-5). The further limitations of other claims are readily apparent (MPEP § 707) from the above discussion in light of the referenced drawings and passages.
Response to Arguments
The term “or” appears on lines 12 and 13 of amended claim 1, so Applicant’s arguments are not commensurate with the actual scope of the claims, as further explained in the grounds of rejection above. Moreover, the “socket wall” (Applicant’s claim 1, line 2) is not necessarily the part of the main body surrounding (at least partially) a limb or limb stump in an applied state (Applicant’s claim 1, lines 2-3) but instead could be a wall of a forearm socket in addition to an upper arm engaging socket or receiving member, as demonstrated in Figures 1A-10B of LaChappelle, US 2019/0209345 A1, where the photograph of Figure 10B shows spaced apart opposite wall edges of forearm socket 210′ and a modular mechatronic functional element 260′ (paragraphs 0074+).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
CN 111772889 A: drawings; electric component 131; cover 137.
THIS ACTION IS MADE FINAL. 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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