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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-10 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.
Claim 1 recites the limitation "the recognition control unit" in line 20. There is insufficient antecedent basis for this limitation in the claim. Appropriate clarification or correction is required.
Claims 3 and 6 both recite “a plurality of the first mechatronic component and the at least one second mechatronic component”, however, claim 1, upon which claims 3 and 6 depend, recites that there is a first mechatronic component and a second mechatronic component, which indicates one first mechatronic component and one second mechatronic component (which is supported by the instant specification). It is unclear as to how there can be a plurality of the first mechatronic components and second mechatronic components as further defined in claims 3 and 6. It is suggested to remove the term “plurality” from claims 3 and 6 in order to correct.
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.
Claims 1-6, 8, 11-13, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zahedi, et al, EP 2 790 614.
Regarding claims 1 and 11, Zahedi discloses a prosthetic and/or orthotic system and a method for controlling a prosthetic and/or orthotic system (paras [0051]-[0061]; Figs. 1B, 2, 3A-D) comprising a first mechatronic component (knee joint 16, Fig. 1B) and at least one second mechatronic component (ankle joint 14, 22, Fig. 1B), wherein the first mechatronic component and the at least one second mechatronic component are connected (Figs. 1A-B, para [0034]), wherein each of the first mechatronic component and the at least one second mechatronic component comprise at least one actuator (knee control device 18 with hydraulic valve 180, para [0040], Fig. 1B; and ankle joint body 22B with pistons 74, 74A, 74B, servo motor 84, para [0047], Fig. 1D); and a control unit (104, 106, para [0051]), wherein the control unit comprises control software to activate, modulate or deactivate the at least one actuator as a function of sensor data (para [0051]), wherein the sensor data are transmitted from at least one sensor (strain gauges 52, 53, transducer 54A, para [0043]; sensors 85, 87A, 87B, para [0050]) on at least one of the first mechatronic component and the at least one second mechatronic component to one or more other control units (main controller 102, para [0051]) and are used for control of the respective actuator by the control software, and wherein the control software of the first mechatronic component and the at least one second mechatronic component communicates with one another (paras [0051]-[0055]), wherein the control software is configured to recognize a status or movement pattern of the prosthetic and/or orthotic system based on the sensor data, and to transmit the sensor data to one or more further control units and to bring at least one further control unit or all the control units and the associated first mechatronic component or the at least one second mechatronic component into a base configuration (paras [0051]-[0056]; standing mode, starting modes, or any of the other gait characteristics); the method comprising:
recognizing a status or movement pattern of the prosthetic and/or orthotic system based on the sensor data at a first control unit which is the control unit of either the first mechatronic component or the at least one second mechatronic component (paras [0051]-[0056]; standing mode, starting modes, or any of the other gait characteristics);
transmitting from the recognition control unit the sensor data to at least one further control unit of an associated mechatronic component that is either the first mechatronic component or the at least one second mechatronic component (paras [0051]-[0056]), wherein the at least one further control unit is different from the recognition control unit used in the recognizing step (paras [0051]-[0056]); and
bringing the at least one further control unit and the associated mechatronic component into a base configuration (para [0058]; Fig. 3B; base configuration is either starting mode, standing mode or another one of the modes).
Regarding claim 2, Zahedi discloses the method as claimed in claim 1, further comprising recognizing the status or the movement pattern of the prosthetic and/or orthotic system with the first control unit which is connected to the at least one further control unit (104, 106 units), or with a central control unit (102) which is connected to the first control unit and the at least one further control unit (paras [0051]-[0056]).
Regarding claim 3, Zahedi discloses the method as claimed in claim 1, wherein starting from the base configuration for the respective status or the movement pattern, further control is carried out in a decentralized manner via control units assigned to a plurality of the first mechatronic component and the at least one second mechatronic component (paras [0051]-[0056]).
Regarding claim 4, Zahedi discloses the method as claimed in claim 2, further comprising, after recognition of a predetermined status or movement pattern, controlling one or more actuators of one or more of the first mechatronic component and the at least one second mechatronic component using the central control unit (102) until another status or another movement pattern is recognized (paras [0051]-[0056]).
Regarding claim 5, Zahedi discloses the method as claimed in claim 2, wherein the central control unit (102) is connected to multiple sensors (para [0052]).
Regarding claim 6, Zahedi discloses the method as claimed in claim 1 wherein the sensor data are exchanged wirelessly or via wire between a plurality of the first mechatronic component and the at least one second mechatronic component (paras [0051]-[0056]).
Regarding claim 8, Zahedi discloses the method as claimed in claim 1 wherein each of the first mechatronic component and the at least one second mechatronic component are designed as autonomously functioning components (Fig. 2, para [0058]) and comprise at least one sensor (54A, 52, 53, 88, 87, 85, Fig. 2), an actuator (34, 50, 84, Fig. 2), an energy storage device (battery or drivers, Fig. 2, para [0044]), an interface (120), and a control unit (104, 106, Fig. 2) and wherein the control unit comprises control software to activate, modulate or deactivate the actuator as a function of sensor data (paras [0052]-[0058]).
Regarding claim 12, Zahedi discloses the prosthetic and/or orthotic system as claimed in claim 11, wherein one or more of the first mechatronic component and the at least one second mechatronic component comprise fastening units (shin section 12, Fig. 1A; para [0059] with interface 64) for detachable securing on one another (shin section 12 is capable of detachment because pins around pivot points can be removed).
Regarding claim 13, Zahedi discloses the prosthetic and/or orthotic system as claimed in claim 11, wherein each of the first mechatronic component and the at least one second mechatronic component comprise a separate interface (controllers 104, 106 with drivers, Fig. 2) for transport of energy and/or data (para [0058]).
Regarding claim 16, Zahedi discloses the prosthetic and/or orthotic system as claimed in claim 1 wherein the first mechatronic component (16, 20) is an artificial knee joint (20, Fig. 1B, para [0035]-[0036]) having an upper part (upper portion of 20, Fig. 1B) and a lower part (lower portion of 20, Fig. 1B), which are pivotably mounted on one another, wherein the actuator (34) is arranged on the artificial knee joint, and wherein the at least one the second mechatronic component (14, 22, Fig. 1A) is an artificial hip joint, a thigh socket, a fastening unit, and/or an artificial ankle joint (ankle, para [0046]).
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.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zahedi in view of Oddsson et al, US 8,801,802.
Regarding claims 7 and 17, Zahedi discloses the method as claimed in claims 1 and 16, but is silent as to wherein the control unit of one of the first mechatronic component and the at least one second mechatronic component is used as a central control unit for recognizing the status or movement pattern of the prosthetic and/or orthotic system; or wherein the first mechatronic component is designed as a master component and the at least one second mechatronic component is designed as a slave component.
However, Oddsson, in the same field of art, teaches a prosthetic and/or orthotic system and a method for controlling the prosthetic and/or orthotic system (100, col. 6, lines 1-60; Figs. 1B-E) having a first mechatronic component (knee assembly 10) and a second mechatronic component (ankle assembly, col. 5, lines 55-65), each with an actuator (actuators, col. 6, lines 1-16), sensors (sensors, col. 6, lines 1-15), a control unit (112, 114, 116, 118) with control software to activate, modulate or deactivate the actuators as a function of sensor data (col. 6, lines 1-30). Oddsson further teaches a central/master control unit (112 or observation unit 116) separate from the control units of the first and second mechatronic components that communicates with each of the control units, where the central/master control unit can be interchanged with the other control units and either one of the first mechatronic component and/or second mechatronic component can act as a slave or a master/central control unit (col. 7, lines 10-55); or wherein the first mechatronic component is designed as a master component and the at least one second mechatronic component is designed as a slave component (col. 7, lines 10-55; col. 8, lines 1-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the control system of Zahedi with the ability for any one of either control units of the first and/or second mechatronic components or the central control unit to act as a master control unit or slave unit as taught by Oddsson in order to provide the stated benefit of enhancing or replacing anatomical structures or physiological processes such as walking, standing, running and would lead to the predictable results of allowing individual or personalized control of each prosthetic unit (Oddsson, col. 4, lines 40-55).
Allowable Subject Matter
Claims 9-10, 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
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