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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurley (2013/0123940A1) in view of Rowe (2016/0022441A1).
In regard to claim 1, Hurley teaches an adjustable socket (figure 2) defining a
distal portion, a proximal portion, and a central axis extending between the distal portion and the proximal portion (see fig 2),
the adjustable socket (fig 2) comprising:
first and second struts (24) having an elongated configuration and distributed circumferentially about the axis (fig 2).
However, Hurley does not teach a tubular member as claimed.
Rowe teaches a tubular member 434 selectively positionable on an outer surface of the first and second struts about the central axis (placed on outer socket, a portion of the is flipped over the outer socket as shown in figure 4; therefore outside the socket which would include outside the struts when applied to the socket of Hurley. The claim does not require the entire sleeve to be outside the socket);
wherein the tubular member 434 comprises a sleeve (middle portion) having a body portion (fig 4) extending between a closed distal end positioned at the distal portion and the proximal portion of the adjustable socket (see fig 4) and an open proximal end positioned at the proximal portion of the adjustable socket (fig 4);
wherein the tubular member is formed by a breathable material selected from the group consisting of an elastomeric material [0044: elastomer], a fabric material [0043: fabric covering], and a combination thereof;
wherein the tubular member defines a substantially continuous inner surface (fig 4), and forms at least in part an inner volume for the adjustable socket (fig 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the tubular member of Rowe in the socket of Hurley because the liner will provide a cushion between the limb and socket [0001] and compensate for socket fit fluctuations [0048].
In regard to claim 2, Hurley meets the claim limitations as discussed in the rejection of claim 1, and further teaches at least one of the first and second struts 24 is radially adjustable relative to the axis to vary the inner volume of the adjustable socket. [0112: expandable or adjustable; 0025; 0073; 0124; 0186: adjustable angle]. If the strut angle is adjusted or has a hinge at least a portion of the strut will be radially adjustable relative to the central axis.]
In regard to claim 3, Hurley meets the claim limitations as discussed in the rejection of claim 1, and further teaches the first strut 24 is movable between an expanded configuration and a closed configuration, such that the first strut is arranged to be moved or forced radially outward relative to the axis for increasing the inner volume or increasing a circumference of the system. [0187: strut 20 has an adjustable angle]
In regard to claim 4, Hurley meets the claim limitations as discussed in the rejection of claim 3, and further teaches the second strut 24 is movable between an expanded configuration and a closed configuration, such that the second strut is arranged to be moved or forced radially outward relative to the axis for increasing the inner volume or increasing a circumference of the adjustable socket. [0187: strut 20 has an adjustable angle]
In regard to claim 5, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach a telescoping mechanism in the embodiment of figure 2.
In the embodiment of figure 1, Hurley further teaches the first strut includes a telescoping mechanism 10 and is adjustable in length. [0185; 0044]
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the telescoping mechanism of the embodiment of figure 1 in the embodiment of figure 2 because this allows the strut height to be adjusted to meet the need of the individual user [0185] and for growth.
In regard to claim 6, Hurley meets the claim limitations as discussed in the rejection of claim 1, and further teaches a base connector 21 at the distal portion of the adjustable socket (fig 2) and connecting to the first and second struts 24 (see fig 2), the base connector 21 being adapted to connect to a prosthetic component. (capable of being attached given the right connections or adhesive)
In regard to claim 7, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the body portion (body of 434) is elastically resilient and radially stretchable. [0044: elastomer; 0061: stretched]
In regard to claims 8-9, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 is arranged to extend over at least proximal ends of the first and second struts wherein the tubular member is arranged to exert a compressive force on at least proximal ends of the first and second struts. [0044: elastomer; fig 4: extends over the socket and is an elastomer and will therefore exert compressive force over the first and second struts when applied to the socket of Hurley]
In regard to claim 10, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member is arranged to roll over proximal ends of the first and second struts. Since the sleeve is an elastomer [0044] and is placed over the proximal socket brim (fig 4), the liner is capable of rolling over the proximal ends of the first and second struts when applied to the socket of Hurley. This is a common method of applying a prosthetic liner to a limb/socket.
In regard to claim 11, Hurley meets the claim limitations as discussed in the rejection of claim 1, wherein the first strut 24 is arranged to move independently from the tubular member. [0186: angle of struts is moveable; 0044: telescoping mechanism that can affect strut length or width]
However, Hurley does not teach the tubular member.
Rowe teaches a tubular member 434 that fits over a socket (fig 4). Since the tubular member is able to be removed, in one interpretation, when the tubular member is removed, the strut is capable of moving independently from the tubular member. In an alternative interpretation, the width of the strut of Hurley may be moved independently from the tubular member of Rowe since movement or expansion of the strut width or telescoping longitudinally will not affect the tubular member when applied to the outside of the socket.
In regard to claim 12, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 extends beyond the first and second struts (extends beyond socket brim, fig 4; therefore will extend beyond struts when applied to the socket of Hurley) toward the proximal portion of the adjustable socket. (fig 4)
In regard to claim 13, Hurley meets the claim limitations as discussed in the rejection of claim 1, and further teaches the first strut 24 protrudes outwardly toward the proximal portion and relative to the central axis. (fig 1-2; also see 12 which adjusts the strut angle [0122])
However, Hurley does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 has a continuous circumference (see figure 4).
In regard to claim 14, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 is arranged to extend over the first and second struts (fig 4) toward the proximal portion (in fig 4 the sleeve extends over the socket brim and will therefore extend over the struts of Hurley when combined into the socket of Hurley).
However, the combination of Hurley in view of Rowe does not teach the tubular member extends over at least a part of the distal portion (interpreted as the distal half) of the adjustable socket.
It has been held that a mere change in the size of the working parts of the invention, yielding a predictable result, requires no more than routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the tubular member of Hurley in view of Rowe extend over at least part of the distal portion of the adjustable socket (essentially making the sleeve longer) in order to provide a greater range of adjustability (liners are later cut) for different limb lengths and greater security (more overlap). Absent a teaching of criticality (new or unexpected results), this arrangement is deemed to have been known by those skilled in the art at the time the invention was filed. MPEP 2144.04IVA
In regard to claim 15, Hurley meets the claim limitations as discussed in the rejection of claim 1, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 is formed by a textile material. [0045: fabric covering; also see fig 3E at 340]
In regard to claim 16, Hurley teaches an adjustable socket (fig 2) defining a distal portion, a proximal portion, and a central axis extending between the distal portion and the proximal portion (fig 2), the adjustable socket comprising:
first and second struts 24 having an elongated configuration and distributed circumferentially about the axis (fig 2);
wherein the first strut (lateral 24) is movable between an expanded configuration and a closed configuration [0025: volume, circumference may be adjustable; 0073; 0124],
such that the first strut 24 is arranged to be moved or forced radially outward relative to the axis for increasing the receiving volume or increasing a circumference of the system [0124: hinge]
wherein at least one of the first and second struts is radially adjustable relative to the axis to vary the inner volume of the adjustable socket [0025; 0073; 0124; 0186: adjustable angle]. If the strut angle is adjusted or has a hinge at least a portion of the strut will be radially adjustable relative to the central axis.
However, Hurley does not teach a tubular member as claimed.
Rowe teaches a tubular member 434 selectively positionable on an outer surface of the first and second struts about the central axis (placed on outer socket, a portion of the is flipped over the outer socket as shown in figure 4; therefore outside the socket which would include outside the struts when applied to the socket of Hurley. The claim does not require the entire sleeve to be outside the socket);
wherein the tubular member 434 comprises a sleeve having a body portion (middle portion) extending between a closed distal end positioned at the distal portion and the proximal portion of the adjustable socket (see fig 4) and an open proximal end positioned at the proximal portion of the adjustable socket 402 (fig 4);
wherein the tubular member 434 is formed by a breathable material selected from the group consisting of an elastomeric material [0044: elastomer], a fabric material [0043: fabric covering], and a combination thereof;
wherein the tubular member 434 defines a substantially continuous inner surface (fig 4), and forms at least in part an inner volume for the adjustable socket (fig 4)
wherein the body portion is elastically resilient and radially stretchable [0044: elastomer].
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the tubular member of Rowe in the socket of Hurley because the liner will provide a cushion between the limb and socket [0001] and compensate for socket fit fluctuations [0048].
In regard to claim 17, Hurley meets the claim limitations as discussed in the rejection of claim 16, but does not teach a telescoping mechanism in the embodiment of figure 2.
In the embodiment of figure 1, Hurley further teaches the first strut includes a telescoping mechanism 10 and is adjustable in length. [0185; 0044]
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the telescoping mechanism of the embodiment of figure 1 in the embodiment of figure 2 because this allows the strut height to be adjusted to meet the need of the individual user [0185] and for growth.
In regard to claim 18, Hurley meets the claim limitations as discussed in the rejection of claim 16, and further teaches a base connector 21 at the distal portion of the adjustable socket (fig 2) and connecting to the first and second struts 24, the base connector 21 being adapted to connect to a prosthetic component. (capable of being attached given the right connections or adhesive)
In regard to claim 19, Hurley meets the claim limitations as discussed in the rejection of claim 16, but does not teach the tubular member as claimed.
Rowe further teaches the body portion 434 is elastically resilient [0044: elastomer] and radially stretchable. [0061: stretched]
In regard to claim 20, Hurley meets the claim limitations as discussed in the rejection of claim 16, but does not teach the tubular member as claimed.
Rowe further teaches the tubular member 434 is arranged to extend over at least proximal ends of the first and second struts (fig 4; extends over the proximal socket and will therefore extend over the proximal struts of Hurley when combined); wherein the tubular member 434 is arranged to exert a compressive force on at least proximal ends of the first and second struts. [0044: elastomer; fig 4 over the outer socket; will therefore provide compressive force when applied over the struts of the socket of Hurley]
Response to Arguments
In regard to the claim objections to claims 1 and 16, the amendment overcomes the objection.
In regard to the 103(a) rejection of claims 1-20 as unpatentable over Hurley (2013/0123940A1) in view of Kristinsdottir (2013/0190895A1), the applicant’s arguments have been fully considered but the arguments are directed towards new claim limitations which have been addressed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIE BAHENA whose telephone number is (571)270-3206. The examiner can normally be reached M-F 9-3.
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/CHRISTIE BAHENA/Primary Examiner, Art Unit 3774
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