DETAILED ACTION
This is the first office action on the merits in this application. The claims of September 15, 2024, are under consideration. Claims 1-4 are pending.
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 Interpretation
The claim term “non-linear spring” is considered to be a term which is given meaning in light of the instant disclosure. The disclosure teaches only one particular example type of the non-linear spring – namely a conical spring [0007] – from start to finish. Various discussions of conical springs, including modifications thereto are provided – such as changing shapes of portions of the conical spring [0047]. Various conical spring designs 20 are shown in the figures (figs. 11A-C). No other design of non-linear spring which is not a conical spring has been particularly disclosed or discussed in this disclosure. Therefore, the term “non-linear spring” will be understood to be ‘a conical spring’ or ‘modified conical spring’ for examination purposes.
Other types of non-linear springs are known to the examiner (e.g. Belleville washer (individual or stacked); leaf spring (individual or stacked); non-conical helical springs with modified ‘pitch’ of the helix in different regions; helical springs with inserts between certain turns of the springs) {non-exhaustive list}, but are not considered to be within the scope of this disclosure or the instant claims.
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 1-4 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 requires the term “the lower aperture” at lines 9-10. This limitation lacks antecedent basis in the claims. It is unclear if this is being claimed as a new element, or was intended to refer back to one of the previously claimed apertures. Correction is required.
Allowable Subject Matter
Upon overcoming the rejection of all claims under 35 USC 112(b), all claims are found to be allowable.
The claimed subject matter of a non-linear spring in a prosthetic ankle joint, with the non-linear spring carrying a guide rod through the aperture of the spring, and interlocking teeth formed on the main body portion which retains the spring and an adapter portion, is a combination of concepts which is not discovered in, or rendered obvious by the prior art.
The most relevant piece of prior art is Haque et al. (US 2020/0281747 A1). Haque teaches an arrangement of springs 11/12 which carries a guide rod 16 therethrough. See figs. 5 and 6. This arrangement includes no teeth as required, and no pyramidal coupler as required. Therefore, the reference is not anticipatory. Further, no prior art has been discovered which suggests to modify Haque at least to include the claimed teeth.
Hendricks (US 2020/0289293 A1) teaches an ankle joint prosthesis. The joint includes teethed portions with a guide shaft through the teethed portions. See figs. 2A. The arrangement includes a helical spring 251. There is no discussion of any importance of the helical spring including a non-linear spring constant or forming the spring as a conical spring. The best teaching provided is that the spring can be a ‘coil spring, helical spring, Belleville washer, any other urging element, or any combination thereof’. [0047] This is simply insufficient disclosure to indicate that Hendricks appreciated or found important the use of the claimed non-linear spring. And, in light of the claim language interpretations taken, above, the disclosure is not agreed to provide obviousness to the instant application’s non-linear spring. It is clear why the spring in Hendricks is not required to have the same functionalities of the instant application when, for example viewing fig. 3B. Hendricks’ spring is laid out orthogonally to the instant invention spring, such that a non-linear spring of the instant invention would not be an advantageous design in the Hendricks invention.
Various other designs of prosthetic ankle joints, or spring arrangements in joints, are indicated on the attached form 892. None of these is considered more relevant than the art identified above, and no combination thereof considered to render the instant claims obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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/DAVID W BATES/Primary Examiner, Art Unit 3799
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