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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it is not in narrative form and uses legal phraseology such as, “as disclosed and discussed herein, include:” and “in some embodiments”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-12 are objected to because of the following informalities: “wherein the at least one command comprises at least one grip command, at least one rotate command, at least one bend command, or a combination thereof”. Examiner is interpreting the limitation to mean: “wherein controlling the prosthetic arms uses commands, commands comprising at least one grip command, at least one rotate command, at least one bend command, or a combination thereof.” Appropriate correction is required.
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.
Claim 2, 4 and 14 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.
Claims 2 and 14 contains the trademark/trade name “bluetooth”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “wireless or short-range radio technology” and, accordingly, the identification/description is indefinite.
Claim 4 recites the limitation "the at least three layers comprises a bottom layer, a middle layer, and a top layer." In the three layers. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4, and 8-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Der Merwee et al. US 8864845 B2, herein referred to as Merwee.
Regarding claim 1, Merwee discloses a prosthetic arm (Fig 46, 7012/7122) controller system (Figs 8-15, 3015; Col 7 lines 43-61), comprising: a first controller unit (3019) that is placed or located inside a shoe (3038) or a sock of a user, wherein the first controller unit comprises at least two interactive buttons (3054 and 3018) that the user can engage (Col 9 lines 15-46), and a second controller (Fig 33-34, 7096 further comprises CPU 7019 not shown, please see Col 16, lines 19-43) unit that is removably clipped or otherwise removably attached to the side or top of the shoe or the sock (Fig 32), wherein the second controller unit comprises at least one microcontroller (CPU 7019) with at least one integrated gyroscope (7116; Col 16 lines 43-47), at least one accelerometer (Col 16 lines 43-47), and an onboard wireless protocol antenna (Col 16 lines 53-60) to communicate at least one command to a prosthetic arm from the first controller unit or the second controller unit (Col 16 lines 61-67), wherein the at least one command comprises at least one grip command (Col 28 lines 27-43), at least one rotate command (Col 33 lines 6-21), at least one bend command (Fig 46 shows arm bent; Fig 45 arm also shown in straightened command), or a combination thereof (Col 29 lines 33-52; teaches movement envelop that includes combinations of movement commands).
Regarding claim 2, Merwee discloses wherein the onboard wireless protocol antenna comprises a Bluetooth antenna (Col 5 lines 24-27).
Regarding claim 3, Merwee discloses wherein the first controller unit comprises at least three layers (Fig 28; shows at least three layers).
Regarding claim 4, Merwee discloses wherein the at least three layers comprises a bottom layer (6084), a middle layer (6050), and a top layer (6036).
Regarding claim 8, Merwee discloses wherein the second controller unit 25 additionally comprises a rechargeable battery (Col 16 lines 49-53) and an on/off switch (Col 17 lines 58-52).
Regarding claim 9, Merwee discloses wherein the at least one bend command and the at least one rotate command operate to move a wrist of the prosthetic arm (Fig 46 shows arm bent; Fig 45 arm also shown in straightened command).
Regarding claim 10, Merwee discloses wherein the at least one grip command operates to move at least one finger of the prosthetic arm (Col 27 lines 38-45).
Regarding claim 11, Merwee discloses wherein the user engages the at least two interactive buttons by pressing on each button with a toe of the user (Col 9 lines 15-46).
Regarding claim 12, Merwee discloses wherein the at least two interactive buttons additionally comprise at least one paddle (Fig 16-17, 4034) that is located between each interactive button and the toe of the user (Fig 16-17).
Regarding claim 13, Merwee discloses a prosthetic arm (Fig 46, 7012/7122) controller system (Figs 8-15, 3015; Col 7 lines 43-61), comprising: a first controller unit (3019) that is incorporated in a foot sleeve (Merwee’s 1038 can be considered a foot sleeve; Col 9 lines 47-53 Merwee also teaches attaching to a sock or inner lining, see), wherein the first controller unit comprises at least two interactive buttons (3054 and3018) that a user can engage (Col 9 lines 15-46), a second controller unit (Fig 33-34, 7096 further comprises CPU 7019 not shown, please see Col 16, lines 19-43) that is removably clipped or otherwise removably attached to the side or top of the shoe or the sock (Fig 32), wherein the second controller unit comprises at least one microcontroller (CPU 7019) with at least one integrated gyroscope (7116; Col 16 lines 43-47), at least one accelerometer (7116; Col 16 lines 43-47), and an onboard wireless protocol antenna to communicate (Col 16 lines 53-60) at least one command to a prosthetic arm from the first controller unit or the second controller unit (Col 29 lines 33-52; teaches movement envelop that includes combinations of movement commands), wherein the at least one command comprises at least one grip command (Col 28 lines 27-43),, at least one rotate command, at least one bend command (Fig 46 shows arm bent; Fig 45 arm also shown in straightened command), or a combination thereof (Col 29 lines 33-52; teaches movement envelop that includes combinations of movement commands).
Regarding claim 14, Merwee discloses wherein the onboard wireless protocol antenna comprises a Bluetooth antenna (Col 5 lines 24-27).
Regarding claim 15, Merwee discloses wherein the at least one bend command and the at least one rotate command operate to move a wrist of the prosthetic arm (Fig 46 shows arm bent; Fig 45 arm also shown in straightened command).
Regarding claim 16, Merwee discloses wherein the at least one grip command operates to move at least one finger of the prosthetic arm (Col 27 lines 38-45).
Regarding claim 17, Merwee discloses wherein the user engages the at least two interactive buttons by pressing on each button with a toe of the user (intend use; Col 9 lines 15-46).
Regarding claim 18, Merwee discloses wherein the at least two interactive buttons additionally comprise at least one paddle (Fig 16-17, 4034) that is located between each interactive button and the toe of the user (Fig 16-17).
Regarding claim 19, Merwee discloses wherein the second controller unit additionally comprises a rechargeable battery (Col 16 lines 49-53) and an on/off switch (Col 17 lines 58-52).
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.
The factual inquiries 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.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merwee in view of Daniels et al. WO 2018098046 A2, herein referred to as Daniels.
Regarding claim 5, Merwee discloses the invention substantially as claimed and as discussed above with respect to claim 4, and additionally teaches wherein the bottom layer comprises at least two interactive buttons (3054 and 3018), and at least one wire channel (3052; Col 7, lines 43-61). But Merwee does not explicitly disclose wherein the bottom layer is thermoplastic polyurethane.
But Daniels teaches using a thermoplastic polyurethane (pg 14, “Fig 117” to “Fig 120”) bottom layer.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Merwee to incorporate wherein the bottom layer is thermoplastic polyurethane, as taught and suggested by Daniels in order to provide protection and support (Daniels pg 14).
Regarding claim 7, Merwee/Daniels discloses the invention substantially as claimed and as discussed above with respect to claim 4, and additionally teaches wherein the top layer comprises fabric (pg 2, para. 3).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merwee in view of Langenfeld et al. WO 2008098057 A2, here referred to as Langenfeld.
Regarding claim 6, Merwee discloses the invention substantially as claimed and as discussed above with respect to claim 4, but does not explicitly disclose wherein the middle layer comprises a silicone sheet and at least one paddle.
But Langenfeld teaches wherein the middle layer comprises a silicone sheet and at least one paddle (pg 17, lines 22-26).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Merwee to incorporate wherein disclose wherein the middle layer comprises a silicone sheet and at least one paddle, as suggested and taught by Langenfeld in order to provide compliance to device (pg 17, lines 22-26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrian Flores whose telephone number is (571)272-1450. The examiner can normally be reached M-F, 9-5.
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, Melanie Tyson can be reached at (571) 272-9062. 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.
/A.F./Patent Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
Prosecution Insights