Prosecution Insights
Last updated: April 19, 2026
Application No. 18/575,606

PROSTHETIC DEVICE

Non-Final OA §112
Filed
Dec 29, 2023
Examiner
WOZNICKI, JACQUELINE
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
I N A I L Istituto Nazionale Per L'Assicurazione Contro Gli Infortuni Sul Lavoro
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 9m
To Grant
76%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
465 granted / 937 resolved
-20.4% vs TC avg
Strong +27% interview lift
Without
With
+26.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
107 currently pending
Career history
1044
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
31.3%
-8.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 937 resolved cases

Office Action

§112
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 Claims 9- 16 are objected to because of the following informalities: Claim 9 is objected to for referring to “the limb” and “the abutment surfaces” with improper antecedent basis. The claim is further objected to for claiming the gearbox is connected “in input” and “in output” when it appears this is grammatically incorrect. The Examiner believes this should read something like: the gearbox is connected at an input with the motor and at an output with said engagement element, or something similar. Claim 10 is objected to for claiming “in coupled or decoupled condition” since it appears a word or two is missing (e.g. in a coupled condition or in a decoupled condition). Further, the claim is objected to for referring to “the data” with improper antecedent basis. Claim 11 is objected to for claiming “real time” when it is believed this should read “real-time” for grammatical correctness. Claim 12 is objected to for having improper antecedent basis for “the patient”. The claim is further objected to for claiming “real time” when it is believed this should read “real-time” for grammatical correctness. Claim 13 is objected to for referring to the actuated and actuating part each comprising “protrusions” but it is unclear how, if at all, these relate to the previously claimed “protrusions”. The claim is further unclear for referring to “at least two abutment surfaces” when it is unclear how these relate, if at all, to the previously claimed “abutment surfaces”. The claim is further unclear for referring to “each part” when it is unclear which “parts” this might be referring to. Claim 15 is objected to for referring to “two said protrusions” when it is believed this should refer to “said two protrusions” for appropriate grammar. The claim is further unclear since there are multiple recitations of “protrusions” and it is unclear which these are referring to. Remaining claims are objected to for depending on an objected claim. Appropriate correction is required. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the abutment and reciprocal fitting surfaces, radial planes, angular extensions, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings are objected to because : item 91 is in the figures but not the specification item 90 is referred to in the specification as “microprocessor ” but in the figures it is labeled as “main controller summary of references” figure 4 is fuzzy and words within boxes are difficult to read item 511 is used to represent multiple items, including an inner-toothed grown, fixed gearwheel, and fixed gear Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. Claims 12 is 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 pre-AIA the applicant regards as the invention. Claim 12 is indefinite for claiming the actuating part is maintained at a “substantially constant” angular distance, when it is unclear what it means to be “substantially” constant, as compared to, for example “constant” or “not constant”. The specification does not elaborate on what might constitute an example of “substantially constant” and what might not, making the limitations and boundaries of the claim unclear. Remaining claims are rejected for depending on a rejected claim. Allowable Subject Matter Claims 9-16 are not rejected with prior art. Regarding claim 9 th e closest prior art is considered to be Kuiken et al. ( US 20160158029 A1 ), hereinafter known as Kuiken, who discloses a prosthetic device ( [0004] ) adapted to replace at least in part a limb of a user ( [0005] ), comprising a proximal portion ( Figure 3 item 16 ) adapted to be coupled to a limb segment of the user ( [0071] the connector 16 is configured to attach to socket 60, which houses the residual limb ) and a distal portion ( Figure 3 item 45 ), wherein the proximal and distal portions are interconnected by a joint portion ( Figure 3 item 30 ), wherein the joint portion comprises an articular actuator assembly ( Figure 3 item 120 ) for rotatably actuating the distal portion with respect to the proximal portion around an axis of rotation ( [0069] ), a damper assembly ( Figure 3 item 110 ) connected to the articular portion ( Figure 3 ) and adapted to absorb energy when a torque is applied between the proximal and distal portions ( [0071] the passive portion 110 includes a damper 40 ), wherein the articular actuator assembly is provided with a removeable mechanical engagement element ( Figure 3 item 20 “clutch” ) such that the actuator assembly is switchable from a coupled condition in which it rotatably drives the distal portion with respect to the proximal portion ( [0070] when the motor 80m drives the joint 30 ) to a decoupled condition in which the distal portion is coupled only to the damper assembly for a predetermined angle of rotation ( [0070] when the clutch 20 disengages to joint 30, [0073] ), wherein the articular actuator assembly comprises an electric motor ( Figures 2-7 item 80m ) and a transmission ( Figures 2-7 item 80t ), which transmission is connected at its input with the motor ( Figure 2 ) and at its output with the engagement element ( Figure 2 ), wherein the engagement element comprises an actuating part ( 21 ) connected to the output of the transmission ( Figure 2; see also Figures 4 and 7, which shows the transmission 80t connected at its distal output end to 21 ), and an actuated part integral with the distal portion ( Figures 6-7 item 45 ), the actuating part and actuated part respectively provided with abutment and reciprocal fitting surfaces arranged on radial pla n es with respect to the rotation axis ( the surfaces of each of the annular actuating part and actuated part are considered to have surfaces on radial planes with respect to the rotation axis ) . However, Kuiken is silent with regards to the transmission including a reduction gearbox. This is not considered novel, since prior art teaches transmissions within prosthetic legs can include reduction gearboxes. See for example, Weinberg et al. ( WO 2006052954 A2 ) , hereinafter known as Weinberg, Figure 21a item 318. Further however, Kuiken is silent with regards the abutment surfaces being on a protrusion of the actuating part, and on at least one protrusion of the actuated part, wherein the protrusions have angular extensions such that in the decoupled condition, the protrusion of the actuating part is positioned angularly, spaced from the protrusion of the actuated part so as to constitute an end stop for the extension of the distal portion and allow free flexion of the distal portion for a predetermined angular amplitude, while in the coupled condition, the protrusions respectively of the actuating and actuated part are in abutment with each other so as to actuate the relative rotation of the distal portion with respect to the proximal portion in extension . This is not considered to be obvious in view of the prior art, since a mechanical substitution or replacement of the engagement element of Kuiken so that there are protrusions with angular extensions on abutment surfaces, such that the protrusion constitutes an end stop for the extension of the distal portion and allowing free flexion of the distal portion for a predetermined amplitude , is not considered mechanically viable. The person of ordinary skill in the art would not have reason to assume this type of modification would succeed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Jacqueline Woznicki whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5603 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Jerrah Edwards can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 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 03/20/26
Read full office action

Prosecution Timeline

Dec 29, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
76%
With Interview (+26.6%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 937 resolved cases by this examiner. Grant probability derived from career allow rate.

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