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 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) 1-8, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelvin et al. EP 0549855 A2, herein referred to as Kelvin, in view of Hacking et al. WO 2021055491 A1, herein referred to as Hacking, and Benning et al. US 20220339009 A1, herein referred to as Benning.
Regarding claim 1, Kelvin discloses a prosthetic joint (Fig 4), comprising: a frame (Fig 4, frame 4); a connector (knee bracket 3) pivotally coupled to a proximal portion of the frame, the connector configured to pivot in an anterior-posterior direction of the frame about a pivot axis that extends in a medial-lateral direction of the frame (Fig 2), the frame and connector being portions of a joint (Fig 2); a shaft (shaft 9) extending along the pivot axis (Fig 2), the shaft (9) extending through the connector and coupled to the frame on opposite sides of the connector (shaft supports 3a, 3b); a sensor (Hall effect sensor 13) attached to a side of the frame at or proximate the pivot axis (Fig 2); a polarized magnet (ring magnet 11) a magnet cup (ring magnet keeper 10).
But Kelvin does not explicitly disclose the magnet cup being housed in a hollow portion of the shaft so that the magnet is centered along the pivot axis, the magnet cup separating the magnet from the shaft, wherein rotation of the connector relative to the frame simultaneously rotates the shaft, the magnet cup and the diametrically polarized magnet, the sensor configured to measure a motion of the connector relative to the shaft by detecting a magnetic field generated by the magnet.
But Hacking teaches a knee joint having a magnet 156 in a magnet housing 224 (magnet cup) centered along the pivot axis inside a hub 148 (figure 13). Rotation of the upper arm 130 relative to the lower arm 128 simultaneously rotates the hub 148, the magnet housing 224 and the magnet 156 relative to the sensor 216, the sensor being configured to detect a magnetic field generated by the magnet ([0067 & 0069]).
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 Kelvin to incorporate the magnet cup being housed in a hollow portion of the shaft so that the magnet is centered along the pivot axis, the magnet cup separating the magnet from the shaft, wherein rotation of the connector relative to the frame simultaneously rotates the shaft, the magnet cup and the polarized magnet, the sensor configured to measure a motion of the connector relative to the shaft by detecting a magnetic field generated by the magnet, as taught and suggested by Hacking in order to detect joint rotation (Hacking [0012]).This would merely require the skilled person to incorporate a magnet 156 (Hacking) as shown inside the shaft of shaft 9 shown by Kelvin
But Kelvin/Hacking do not explicitly disclose wherein the magnet is diametrically polarized.
Moreover, Benning teaches wherein the magnet (Fig 34,1805) is diametrically polarized ([0257]).
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 Kelvin/Hacking to incorporate the magnet is diametrically polarized, as suggested and taught by Benning in order to sensitively measure rotation about an axis (Benning [0257]).
Regarding claim 2, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 1, and additionally teaches wherein in the prosthetic joint is a prosthetic knee (Kelvin Field of the Invention).
Regarding claim 3, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 2, and additionally teaches wherein the prosthetic knee includes a hydraulic damper (15) including a cylinder (26) and piston (24) configured for slidable travel within the cylinder (Kelvin Fig 12; pg 3, lines 33-57).
Regarding claim 4, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 2, and additionally teaches wherein a distal portion of the frame comprises a connector. (Kelvin 15-18: pylon block 7a).
Regarding claim 5, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 2, and additionally teaches herein the connector is a pyramid connector (Kelvin pylon block 7a, see Kelvin Description of preferred embodiment)
Regarding claim 6, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 5, and additionally teaches wherein the pyramid connector is configured to couple to a prosthetic device (Kelvin Fig 4).
Regarding claim 7, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 6, and additionally teaches wherein the prosthetic device is a socket (KelvinFig 1, 1).
Regarding claim 8, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 1, and additionally teaches wherein the sensor (Hacking Fig 13, 216) is attached to a circuit board (Hacking Fig 13,152).
Regarding claim 14, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 3: Kelvin discloses a prosthetic knee (Kelvin Fig 4) comprising: a hydraulic damper (Kelvin 15), the hydraulic damper including a cylinder (Kelvin cylinder 26) and piston (Kelvin piston 24) configured for slidable travel within the cylinder (Kelvin Fig 12; pg 3, lines 33-57); a frame (Kelvin Fig 4, frame 4); a connector (Kelvin knee bracket 3) pivotally coupled to a proximal portion of the frame, the connector configured to pivot in an anterior-posterior direction of the frame about a pivot axis that extends in a medial-lateral direction of the frame (Kelvin Fig 2), the frame and connector being portions of a joint (Kelvin Fig 2); a shaft (Kelvin shaft 9) extending along the pivot axis (Kelvin Fig 2), the shaft extending through the connector and coupled to the frame on opposite sides of the connector (Kelvin shaft supports 3a, 3b); a sensor (Kelvin Hall effect sensor 13) attached to a side of the frame at or proximate the pivot axis (Kelvin Fig 2); a polarized magnet (Kelvin ring magnet 11) a magnet cup (Kevlin ring magnet keeper 10). Hacking teaches a knee joint having a magnet 156 in a magnet housing 224 (magnet cup) centered along the pivot axis inside a hub 148 (figure 13). Rotation of the upper arm 130 relative to the lower arm 128 simultaneously rotates the hub 148, the magnet housing 224 and the magnet 156 relative to the sensor 216, the sensor being configured to detect a magnetic field generated by the magnet ([0067 & 0069]).Moreover, Benning teaches wherein the magnet (Fig 34,1805) is diametrically polarized ([0257]).
Regarding claim 15, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 14, and additionally teaches wherein a distal portion of the frame comprises a connector (Kelvin Fig 4).
Regarding claim 16, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 15, and additionally teaches herein the connector is a pyramid connector (Kelvin Fig 4, Pylon 7a).
Regarding claim 17, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 16, and additionally teaches wherein the pyramid connector is configured to couple to a prosthetic device (Kelvin Fig 4, plyon 7a).
Regarding claim 18, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 17, and additionally teaches wherein the prosthetic device is a socket (Kelvin fig 7, socket 15).
Regarding claim 19 Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 14, and additionally teaches wherein the sensor (Hacking Fig 13, 216) is attached to a circuit board (Hacking Fig 13,152).
Claim(s) 9-13 and 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drews in view of /Hacking/Benning, and further in view of Bedard et al. CN 1878517 B, herein referred to as Bedard.
Regarding claim 9, Kelvin/Hacking/Benning discloses the invention substantially as claimed and as discussed above with respect to claim 8, but does not disclose wherein the sensor is encased in a coating and/or an overmold and wherein the coating and/or the overmold is configured to electrically isolate the circuit board.
Bedard teaches wherein the sensor (Fig 4, 22a and 22b) is encased in an overmold configured to electrically isolate the circuit board ([0031]).
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 Drews/Seifert/Benning/Hacking to incorporate wherein the sensor is encased in a coating and/or an overmold and wherein the coating and/or the overmold is configured to electrically isolate the circuit board, as taught and suggested by Bedard in order to handle shearing stress (Bedard [0034])
Regarding claim 10, Drews/Seifert/Hacking/Benning/Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 9, and additionally teaches wherein the overmold is comprised of resin (Bedard [0034]).
Regarding claim 11, Drews/Seifert/Hacking/Benning/Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 10, and additionally teaches wherein the sensor is encased within an enclosure, an overmold, and/or a coating, the enclosure (Bedard [0034]), the overmold, and/or the coating configured to inhibit exposure of the sensor to environmental conditions (Combination is fully capable of functional limitation).
Regarding claim 12, Drews/Seifert/Hacking/Benning/Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 10, and additionally teaches wherein the magnet cup is configured to separate the diametrically polarized magnet from the shaft to not inhibit a magnetic field output of the diametrically polarized magnet (Hacking Fig 14c; fully capable of claimed function).
Regarding claim 13, Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 10, and additionally teaches wherein a controller (Seifert [0017]), wherein the controller comprises a microprocessor configured to correlate the measured motion to a knee angle (Seifert [0017] and [0036]).
Regarding claim 20 Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 9, and additionally teaches wherein the sensor (Bedard Fig 4, 22a and 22b) is encased in an overmold configured to electrically isolate the circuit board (Bedard [0031]).
Regarding claim 21, Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 20, and additionally teaches wherein the overmold is comprised of resin (Bedard [0034]).
Regarding claim 22, Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 20, and additionally teaches wherein the magnet cup is configured to separate the diametrically polarized magnet from the shaft to not inhibit a magnetic field output of the diametrically polarized magnet (Hacking Fig 14c; fully capable of claimed function).
Regarding claim 23, Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 20, and additionally teaches wherein the sensor is encased within an enclosure, an overmold, and/or a coating, the enclosure (Bedard [0034]), the overmold, and/or the coating configured to inhibit exposure of the sensor to environmental conditions (Combination is fully capable of functional limitation).
Regarding claim 24, Kelvin/Hacking/Benning /Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 20, and additionally teaches wherein a controller (Seifert [0017]), wherein the controller comprises a microprocessor configured to correlate the measured motion to a knee angle (Seifert [0017] and [0036]).
Regarding claim 24, Drews/Seifert/Hacking/Benning/Bedard discloses the invention substantially as claimed and as discussed above with respect to claim 20, and additionally teaches wherein to adjust a hydraulic resistance of the hydraulic damper based on the knee angle corresponding to the motion measured by the sensor (Seifert [0010]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Seifert et al. US 20220071780 A1 discloses a knee prosthesis
Drews et al. US 20210030568 A1 discloses a knee prosthesis
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/A.F./Patent Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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