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 .
Status of Claims
Claims 1-20 are pending and examined below
Claim Objections
Regarding claim 13, the claim reads “for supplying electrical”. Examiner believes this should read “for supplying electrical energy”
Regarding claim 20, the claim reads “wherein each of the plurality of outer blades alternate with and are separated from each one of the plurality of outer blades”. Examiner believes this should read “wherein each of the plurality of outer blades alternate with and are separated from each one of the plurality of inner blades”.
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 20 is 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.
Regarding claim 20, the claim reads “wherein each of the plurality of outer blades alternate with and are separated from each one of the plurality of outer blades”. It is unclear a single “outer blade” can be arranged in an alternating fashion with another “outer blade”. Appropriate correction is required.
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.
(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) 1-8, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2006/0136072 (‘072)
Regarding claim 1, ‘072 discloses a prosthetic knee (Fig. 3), comprising:
an elongate frame configured to house electronics (Fig. 3A, 114);
a magnetorheological (MR) fluid actuator (Fig. 3A, 112) movably coupled to a proximal portion of the elongate frame (see Fig. 3A), the actuator being rotatable in an anterior-posterior direction about a medial-lateral axis, the actuator comprising an outer spline and a core assembly (Fig. 6), the core assembly comprising;
a core member (Fig. 6, 113, ¶0163);
a first plate (Fig. 6, 116) attached to a first end of the core member; and a second plate (Fig. 6, 118) removably coupleable to a second end of the core member, the second end being opposite from the first end (see Fig. 6);
a coil disposed about the core member (Fig. 4, 115, ¶0163);
a plurality of annular blades comprising a plurality of inner blades (Fig. 4, inner blades 120, ¶0165) and a plurality of outer blades (Fig. 4, outer blades 130, ¶0166)) disposed about the core (see Fig. 4);
a proximal connector (Fig. 6, 152) coupled to the outer spline (Fig. 6, see also ¶0416, wherein 152 connects to 132) and configured to rotate with the outer spline about the medial-lateral axis (see Fig. 5a, wherein 124 corresponds to medial-lateral axis); and
a distal connector (Figs. 97 & 98, 812) coupled to a distal end of the elongate frame (Fig. wherein 812 is coupled to distal frame via bolts/screws 816)
wherein a torsional resistance of the actuator to rotation about the medial-lateral axis varies based on a magnitude of a magnetic field applied by the coil to the magnetorheological fluid to vary a viscosity of the MR fluid in the actuator (¶0179)
Regarding claim 2, ‘072 discloses a collar (Fig. 6, 122) disposed about the core member (see Fig. 6, wherein 122 is disposed around 113), the collar having a continuous outer surface with an outer dimension (see Fig. 28, wherein outer surface of 122 is continuous)
Regarding claim 3, ‘072 discloses wherein each of the plurality of inner blades (Fig. 33, 120) have an opening with an inner dimension approximately equal to the outer dimension of the collar (Fig. 34, 242), each of the plurality of inner blades configured to be slidable over the collar (¶0696, wherein installing inner blades 120 on inner spline 130” corresponds to configured to be slideable over the collar.
Regarding claim 4, ‘072 discloses wherein each of the plurality of outer blades (Fig. 37, 130) have an opening with an inner dimension greater than the outer dimension of the collar (¶0273, wherein 246 “non-contacting receives the inner spline 122” therefore is has a greater inner dimension than the outer dimension of 122), each of the plurality of outer blades are slidable over the collar (¶0273, wherein 246 “non-contacting receives the inner spline 122” therefore they are slidable over the 122)
Regarding claim 5, ‘072 discloses wherein each of the plurality of outer blades (Fig. 38, 130) comprise a toothed outer edge (Fig. 38, outer blade teeth 248) that define one or more teeth configured to engage with a splined surface of the outer spline (¶0701, “teeth 248 engaged with corresponding outer spline grooves 260”)
Regarding claim 6, ‘072 discloses wherein the plurality of inner blades (Fig. 6, 120) and the plurality of outer blades (Fig. 6, 130) are configured to rotate relative to each other during flexion and/or extension of the prosthetic knee. (¶0166 and 0167)
Regarding claim 7, ‘072 discloses wherein each of the plurality of inner blades and the each of the plurality of outer blades are disposed around the core member in an alternating fashion (¶0169, “120 and 130 are intersperses in an alternating fashion”) between the first and second plates (see Fig. 6)
Regarding claim 8, ‘072 discloses wherein the each of the plurality of inner blades are separated from each of the plurality of outer blades by a gap containing a magnetorheological fluid (¶0169, “gaps between adjacent blades 120 and 130 include the MR fluid)
Regarding claim 10, ‘072 discloses wherein a clamping force (¶0501, “clamp) is exerted on the plurality of inner blades and the plurality of outer blades (Fig. 6, 120 & 130) by the first and second plates (¶0501, wherein “clamp these components of the knee actuator 112 together” corresponds to a clamping force exerted on 120 and 130 via 116, 118)
Regarding claim 12, ‘072 further discloses a seal assembly (Fig. 47) between the outer spline and the core (see Fig. 6), the seal assembly comprising a cavity filled with grease (¶0367, wherein “silicone grease over the sealing lips 322” corresponds to cavity filled with grease”)
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0136072 (‘072) in view of US 5,899,943 (Shiraishi)
Regarding claim 9, ‘072 discloses a plurality of inner blades (see rejection of claim 1) but doesn't explicitly teach or disclose a plurality of annular spacers, each spacer positioned between two blades of the plurality of inner blades.
Shirashi discloses a plurality of annular spacers (Col. 7, Lines 37-39, “the spacer means consists of two spacer members 91, 92 having a ring-like configuration”)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify of inner blades of ‘072 with annular spacers, as taught by Shirashi, in order to reduce wear and tear on the MR actuator
Claim(s) 11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0136072 (‘072) in view of US 2016/0040710 (Schilling)
Regarding claim 11, ‘072 discloses a second plate and a core (see rejection of claim 1) but doesn't explicitly teach or disclose wherein the second plate is threadably coupled to the core.
Schilling discloses a fastening system for prostheses and orthoses (¶0021) comprising a second plate (Fig. 1, 20, ¶0029, “threaded plate 20”) threadably coupled to a core (Fig. 1, 24, see also ¶0029, wherein 24 is the central component and therefore corresponds to a core)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the second plate and the core of ‘072 with a threaded connection, as taught by Schilling, in order to impart a clamping force on the components that is well defined and reproducible (¶0016).
Regarding claim 13, ‘072 discloses a prosthetic knee (Fig. 3A), comprising:
an elongate frame configured to house electronics (Fig. 3A, 114);
a magnetorheological (MR) fluid actuator (Fig. 3A, 112) movably coupled to a proximal portion of the elongate frame (see Fig. 3A), the actuator being rotatable in an anterior-posterior direction about a medial-lateral axis, the actuator comprising an outer spline (Fig. 6, 132) and a core assembly (see Fig. 6), the core assembly comprising:
a coil (Fig. 6, 115);
a plurality of annular blades (Fig. 6, 120 and 130) disposed around the shank and held by and between the head portion and the nut member (see Fig. 6)
a proximal connector (Fig. 6, 152) coupled to the outer spline (Fig. 6, see also ¶0416, wherein 152 connects to 132) and configured to rotate with the outer spline about the medial-lateral axis (see Fig. 5a, wherein 124 corresponds to medial-lateral axis); and
a distal connector (Figs. 97 & 98, 812) coupled to a distal end of the elongate frame (Fig. wherein 812 is coupled to distal frame via bolts/screws 816),
wherein a torsional resistance of the actuator to rotation about the medial-lateral axis varies based on a magnitude of a magnetic field applied by the coil to the magnetorheological fluid to vary a viscosity of the MR fluid in the actuator (¶0179)
‘072 further discloses a shank portion (Fig. 7, 168) dimension to fit into a corresponding nut member (Fig. 12, 116, see also ¶0200, wherein 168 is dimension and configured to matingly engage 116). However, it doesn’t explicitly teach or disclose a threaded portion on the shank and a complimentary threaded portion on 116.
Schilling discloses a fastening system for prostheses and orthoses (¶0021) comprising a screw member (Fig. 1) comprising a head portion (Fig. 1, 26) and a shank portion (Fig. 1, 24) extending from the head portion (see Fig. 1), a first end of the shank portion being attached to the head portion, (see Fig. 1) and a second end of the shank comprising a threaded portion (¶0016, wherein screw is tighten to provide a clamping force – thus it comprises a threaded portion) and a nut member (Fig. 1, 20) comprising a complementary threaded portion (Fig. 1, 22) configured to engage with the threaded portion of the shank (¶0016, “a screw engage in this threaded plate”)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the shank and nut member of ‘072 with a threaded connection, as taught by Schilling, in order to impart a clamping force on the components that is well defined and reproducible (¶0016).
Regarding claim 14, ‘072 discloses wherein the nut member (Fig. 12, 116, see also ¶0200, wherein 168 is dimension and configured to matingly engage 116) comprises an interior diameter (see Fig. 12), ‘072 doesn't explicitly teach or disclose a complementary threaded portion is disposed on the interior diameter (¶0066, “wherein 208 corresponds to 254”)
Schilling discloses wherein the nut member (Fig. 1, 20) comprises an interior diameter (Fig. 1, 22), and the complementary threaded portion is disposed on the interior diameter (¶0029, wherein threads are located in the interior of 22)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the interior diameter of the nut member of ‘072 with a complementary threaded portion, as taught by Schilling, in order to in order to impart a clamping force on the components that is well defined and reproducible (¶0016)
Regarding claim 15, ‘072 discloses wherein the head portion (Fig. 7, 168) comprises a bore hole (Fig. 7, 190, ¶0207) extending toward to the second end of the shank portion along an entire length of the screw member (see Fig. 7)
Regarding claim 16, ‘072 discloses an outer surface of the shank (Fig. 7, 168) comprises a channel (¶0208, wherein groove 192 corresponds to a channel) configured to accommodate a wire for supplying electrical to the coil (¶0208, “groove 192 through which a cable or wire of the magnetic coil 115 passes though)
Regarding claim 17, ‘072 discloses further comprising a collar (Fig. 6, 122) disposed around the coil (see Fig. 6)
Regarding claim 18, ‘072 discloses a plurality of inner blades and plurality of outer blades, the plurality of inner blades being configured to couple to the shank portion (see Fig. 6), and the plurality of outer blades being configured to couple to the outer spline.
Regarding claim 19, ‘072 discloses wherein the plurality of outer blades (Fig. 37, 130) have a splined outer edge (see Fig. 37, wherein the outer edge of 130 corresponds to a splined outer edge) configured to engage with an inner splined surface of the outer spline (¶0699, “outer blades 130 are fitted within the outer spline 132”), and wherein motion of the outer blades corresponds to motion of the outer spline (¶0300, “torque transmission between outer spline and outer rotors 130”)
Regarding claim 20, ‘072 discloses wherein each of the plurality of outer blades alternate with (¶0169, “interspersed in an alternating fashion”) and are separated from each one of the plurality of outer blades by a gap containing magnetorheological fluid (¶0169, “gaps between adjacent blades 120 and 130 include the MR fluid”)
Conclusion
Included below is relevant prior art that was considered but not relied upon for this office action:
US 2002/0052663
US 2006/0069449
US 2006/0074493
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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