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
Claim 18 is objected to because of the following informalities: because claim 18 does not depend from any of previous claim therefore it is indefinite; however, for the examination purpose the examiner treats the claim 18 depends from claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(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.
Claim(s) 1-21are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GREGG et al., (US 2020/0085603).
As per claim 1, Gregg shows a method for controlling an orthopedic device (100) of a lower extremity, wherein the orthopedic device comprises an upper part and a lower part(as shown in fig.6), wherein the upper part and the lower part are mounted on one another in an articulated manner around at least one pivot axis to form a joint(0071), and wherein the orthopedic device comprises at least one actuator(0009, 0011, 0012) is coupled to a control unit which activates or deactivates the at least one actuator based on sensor data of at least one sensor coupled with the control unit to influence a pivot resistance and/or a relative movement of the upper part (2) in relation to the lower part, comprising:(3), characterized in that an detecting orientation and/or displacement of the orthopedic device in a frontal plane using sensor data of the at least one sensor; and activating or deactivating the actuator or modulating a target value for the actuator based on an orientation and/or displacement of the orthopedic device in the frontal plane(see parr. 0015, 0032, 0070, 0072,0075).
As per claim 2, Gregg shows wherein the sensor data is detected, and the activating or deactivating of the actuator or the modulating of the target value occurs during use of the orthopedic device in the applied state(In para. 0083, 0084, 0086).
As per claim 3, Gregg shows wherein detecting the orientation and/or displacement of the orthopedic device is performed using a spatial position sensor, an inertial measurement unit (IMU}, and/or angle sensors(fig.2 and para. 0010).
As per claim 4, Gregg shows further comprising: detecting forces, torques, and/or accelerations via sensors; and used using detected forces, torques, and/or accelerations as a basis for
As per claim 5, Gregg shows wherein is designed as a prosthesis or orthosis and has an artificial knee joint and/or an artificial ankle joint, to which the actuator is assigned(in fig. 9).
As per claim 6, Gregg shows further comprising: detecting translational displacements of the orthopedic device; and sing detected translational displacements as a basis for control of activating or deactivating the actuator(In fig.9 and description of fig.9).
As per claim 7,Gregg shows comprising reducing a flexion resistance or initiating a flexion upon reaching a threshold value of an inclination or pivot of a treated side in a standing phase in a medial direction(In fig. 1,2,3 and 9).
As per claim 8, Gregg shows further comprising reducing the flexion resistance or initiating a flexion upon a reduction of an axial load or in a lifting phase on the treated side(In para.0084,0086).
As per claim 9, Gregg shows wherein reducing the flexion resistance or initiating the a flexion is only performed during a forward inclination or a forward pivot(In fig.3).
As per claim 10, Gregg shows wherein, upon an inclination or pivot of a treated side in a standing phase in a medial direction with simultaneous detection of a backward inclination or a backward pivot, no reduction of a flexion resistance is performed or an increase of a flexion resistance is initiated(In fig.3 and description of fig.3).
As per claim 11, Gregg shows wherein, upon an inclination or pivot of a treated side in a standing phase in a medial direction with simultaneous detection of a backward inclination or a backward pivot, a flexion movement is stopped or an extension movement is initiated(In fig.3).
As per claim 12, Gregg shows further comprising adjusting maximum pivot angle of the upper part in relation to the lower part depending on an inclination or pivot in the frontal plane(In fig.2).
As per claim 13, Gregg shows wherein, upon an inclination or a pivot of a treated side in a standing phase in a medial direction, driving an artificial ankle joint in a plantar flexion direction or increasing or not reducing a dorsiflexion resistance(in para.0086).
As per claim 14, Gregg shows wherein, upon an inclination or a pivot of a treated side in a standing phase and upon attaining an established flexion torque, no reduction of a flexion resistance is performed or initiating an increase of a flexion resistance is performed or an extension torque is applied(para. 0086).
As per claim 15, Gregg shows wherein, upon a pivot of a treated side in a lifting phase of a swinging phase in a lateral direction, reducing flexion resistance or initiating a flexion(in fig. 1-3).
As per claim 16, Gregg shows further comprising delaying or preventing an extension in an artificial knee joint swinging phase(In fig.2).
As per claim 17, Gregg shows further comprising releasing the
As per claim 18, Gregg shows further comprising activating or deactivating a special mode of control based on an inclination or displacement in a frontal plane(In fig.8).
As per claim 19, Gregg shows orthopedic device of a lower extremity, comprising: having an upper part; a lower part, wherein the upper part and the lower part are mounted with one another in an articulated manner around at least one pivot axis to form a joint; at least one actuator coupled or coupleable to a control unit which activates or deactivates the actuator based on sensor data of at least one sensor coupled or coupleable to the control unit in order to influence a pivot resistance and/or a relative movement of the upper part in relation to the lower part, wherein the at least one sensor is designed and configured to detect sensor data about an orientation and/or displacement of the orthopedic device in a frontal plane. wherein the control unit is configured to activate or deactivate the actuator, or wherein the control unit is configured to modulate a target value for the actuator based on an orientation and/or displacement in the frontal plane(same as above rejection of claim 1).
As per claim 20, Gregg shows wherein the at least one sensor is designed as an inertial measurement unit IMU) and is fastened on the upper part or the lower part(para.0010).
As per claim 21, Gregg shows further comprising at least one force sensor, acceleration sensor, angle sensor, and/or torque sensor is arranged on the upper part and/or the lower part(para.0078).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nitin Patel whose telephone number is (571)272-7677. The examiner can normally be reached M-F 8.30AM-5.00PM.
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.
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.
/NITIN PATEL/Supervisory Patent Examiner, Art Unit 2628
Prosecution Insights