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 .
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 “the second end portion of the upper portion has a convex bottom surface engaged with a concave upper surface of the cushion ring” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 40 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 40 recites that “the second end portion of the upper portion has a convex bottom surface engaged with a concave upper surface of the cushion ring” which is not found in the specification as filed. There is no disclosure of the second end of the upper portion being convex or of the ring being concave. The only disclosure is of a concave second end and a convex ring.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21, 22, 25, 26, 35, 36, 39, and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 204599617 (Li).
Regarding Claim 21, Li teaches a foot (5) for a medical mobility device, comprising: an upper portion (51) including a first end portion defining an opening (into which 2 projects) configured to receive an end (2) of a medical mobility device, and a second end portion (513); a traction surface (52/54) coupled to the second end portion of the upper portion, the second end portion of the upper portion and the traction surface defining an annular cavity (at 513) therebetween, wherein the upper portion and the traction surface are configured to tilt relative to one another; and a cushion ring (55) positioned in the annular cavity, wherein the cushion ring is configured to compress between the upper portion and the traction surface during tilting of the traction surface relative to the upper portion.
Regarding Claim 22, Li teaches a post (521) positioned on a central longitudinal axis defined by the foot and coupling the second end portion of the upper portion to the traction surface, wherein the cushion ring is positioned about the post.
Regarding Claim 25, Li teaches that the cushion ring defines a central passageway through which the post extends.
Regarding Claim 26, Li teaches that the traction surface has an underside configured to engage a ground surface, and a concave upper surface (between 521 and the upper surface of 54) engaged with a convex bottom surface (the round inner curve) of the cushion ring.
Regarding Claim 35, Li teaches a medical mobility device, comprising: a leg (2) having a bottom end portion (See Fig. 2); and a foot (5) including: an upper portion (51) defining an opening (into which 2 projects) at a first end of the upper portion, the bottom end portion of the leg supported in the opening along a central longitudinal axis defined by the foot; an upper portion post (25) extending downwardly from a second end portion of the upper portion; a base (54/52) configured to be positioned on a ground surface; a lower portion post (521) extending upwardly from the base and connected to or monolithically formed with the upper portion post; and a cushion ring (55) positioned about the upper portion post and the lower portion post and between the upper portion and the base, wherein the bottom end portion of the leg is spaced axially above the cushion ring.
Regarding Claim 36, Li teaches that the upper portion includes a midsection (above 513) extending between the first and second end portions, the midsection not contacting the cushion ring.
Regarding Claim 39, Li teaches that the cushion ring defines a central passageway through which the upper portion post and the lower portion post extend.
Regarding Claim 40, Li teaches that the second end portion of the upper portion has a convex bottom surface (the round outer surface) engaged with a concave upper surface (the round inner surface) of the cushion ring.
Claims 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 29719745 (Pedersen).
Regarding Claim 21, Pedersen teaches a foot for a medical mobility device, comprising: an upper portion (5) including a first end portion (into which 7 projects) defining an opening configured to receive an end (7) of a medical mobility device, and a second end portion (the bottom surface of A, see below); a traction surface (1) coupled to the second end portion of the upper portion, the second end portion of the upper portion and the traction surface defining an annular cavity (10) therebetween, wherein the upper portion and the traction surface are configured to tilt relative to one another; and a cushion ring (B) positioned in the annular cavity, wherein the cushion ring is configured to compress between the upper portion and the traction surface during tilting of the traction surface relative to the upper portion (see Figs. 2-3).
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Regarding Claim 22, Pedersen teaches a post (9) positioned on a central longitudinal axis defined by the foot and coupling the second end portion of the upper portion to the traction surface, wherein the cushion ring is positioned about the post.
Regarding Claim 23, Pedersen teaches that the traction surface and the post are monolithically formed with one another.
Claim Rejections - 35 USC § 103
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.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to Claim 21 above in view of Youngren in US Patent 1438883. Li is silent on the use of a hollow cushion. Youngren teaches a cushion (B) for a mobility device foot that is a hollow, sealable bladder containing a gas (air). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cushion ring of Li by using a hollow gas filled cushion as taught by Youngren in order to allow the user to adjust the resilience of the cushion.
Claims 27-34 are rejected under 35 U.S.C. 103 as being unpatentable over CN 204599617 (Li) in view of Youngren in US Patent 1438883.
Regarding Claim 27, Li teaches a foot (5) for a medical mobility device, comprising: an upper portion (51) including a first end portion defining an opening (into which 2 projects) configured to receive an end (2) of a medical mobility device, and a second end portion (513), the second end portion having a cylindrical extension (521) extending centrally therefrom; a bottom portion (52/54) including a first end portion (52), and a second end portion (54) configured to contact a ground surface, the first end portion of the bottom portion including a cylindrical extension (521) extending centrally therefrom and connected to or monolithically formed with the cylindrical extension of the upper portion such that the upper portion and the bottom portion define a ring-shaped area (at 513) therebetween; and a cushion (55) secured between the upper portion and the bottom portion and around the cylindrical extensions, the cushion positioned in the ring-shaped area.
Li is silent on the use of a gas-filled cushion. Youngren teaches a cushion (B) for a mobility device foot that is a hollow, sealable bladder containing a gas (air). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cushion ring of Li by using a hollow gas filled cushion as taught by Youngren in order to allow the user to adjust the resilience of the cushion.
Regarding Claim 28, Li, as modified, teaches that the gas-filled cushion defines a central passageway through which the cylindrical extensions extend.
Regarding Claim 29, Li, as modified, teaches that the second end portion of the bottom portion has an underside (54) configured to engage a ground surface, and the first end portion of the bottom portion has a concave upper surface (between 521 and the upper surface of 54) engaged with a convex bottom surface (the round inner surface) of the gas-filled cushion.
Regarding Claim 30, Li, as modified, teaches that the cylindrical extensions are monolithically formed with one another.
Regarding Claim 31, Li, as modified, teaches that the cylindrical extensions are connected to one another.
Regarding Claim 32, Li, as modified, teaches that the cylindrical extensions are fabricated from a resilient material (the “rubber sleeve”).
Regarding Claim 33, Li, as modified, teaches that the opening has a bottom-most end (at 512) spaced axially above a bottom-most end of the upper portion.
Regarding Claim 34, Li, as modified, teaches see Fig. 2) that the cylindrical extension of the upper portion is solid.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to Claim 35 above in view of Dollarhide in US Publication 2017/0312164. Li is silent on the use of a foam cushion. Dollarhide teaches a cushion ring (202) that includes foam (see Paragraph 0088). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li by using a foam cushion ring as taught by Dollarhide in order to provide a resilient and lightweight cushion for the device.
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to Claim 35 above in view of Youngren in US Patent 1438883. Li is silent on the use of a hollow cushion. Youngren teaches a cushion (B) for a mobility device foot that is a hollow, sealable bladder containing a gas (air). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cushion ring of Li by using a hollow gas filled cushion as taught by Youngren in order to allow the user to adjust the resilience of the cushion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hipwood and Chen et al. teach crutch feet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH CHANDLER HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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, David Dunn can be reached on 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH CHANDLER HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636