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 because figure 1 boxes ,12,10,11,14,13,20 need to be labelled descriptively with text . 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.
Claim 1-13 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.
The recitation in claims 1 and 9 “ without the rotor performing a complete rotation about the axis of rotation” is a negative limitation . Claiming what it is not , not what it is .
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(s) 1, 9 are rejected under 35 U.S.C. 103 as being unpatentable over DE102017131196 in view of EP2495853.
DE102017131196 discloses method for generating acoustic feedback of an orthopedic device comprising at least one motor comprising stator and rotor configured to rotate about an axis of rotation wherein rotor is coupled to component of orthopedic device which is adjustable by motor , see abstract and fig 1 . DE102017131196 lacks disclosing operating motor in oscillating manner by repeated reversal of polarity of motor voltage and rotating rotor about axis of rotations . EP2495853 discloses under claims paragraph 13 reversal of polarity and oscillating manner is disclosed in abstract . Claim 9 discloses same as claim 1 .
Allowable Subject Matter
Claims 2-8,10-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior art does not disclose square wave , delta voltage , sawtooth voltage and sinusoidal curve or mixed form is used , frequency ranging 20 to 6000Hz, several motor s with different polarity reversal frequences , periodical reversing polarity , angle of rotations not more than 120 .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN MASIH whose telephone number is (571)272-2068. The examiner can normally be reached m-f 8-5 with second Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KAREN . MASIH
Examiner
Art Unit 2837
/KAREN MASIH/Primary Examiner, Art Unit 2837
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