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
1. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statements is being considered by the examiner.
Claim Objections
3. Claims 20, 28, and 36 is objected to because of the following informalities:
In claims 20, 28, and 36, rephrase “ upper art” to read –upper part--.
Appropriate correction is required.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “first joint device” in claims 19, 27, and 35; “devices” in claims 19, 27, and 35; “second joint device” in claims 19, 27, and 35; “upper support element” in claims 19, 27, and 35; “lower support element” in claims 19, 27, and 35; “fastening devices” in claims 25 and 33; “locking and enabling device” in claim 27; “distance element” in claims 23, 26, 31, and 34.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Terms such as “device” and “element” are generic placeholders for the word “means”. For examination purposes, “first joint device” in claims 19, 27, and 35 is interpreted as a main joint hinge in which loads are taken up in particular in the medial-lateral direction (Specification, Page 10/20, lines 24-25). For examination purposes, “devices” in claims 19, 27, and 35 is interpreted as strap system or a combination of a shell receptacle with a strap system (Specification, Page 5/20, line 1). For examination purposes, “second joint device” in claims 19, 27, and 35 is interpreted as allowing loads in the anterior-posterior direction to be taken up and led off. The second joint device can be equipped in particular with functional elements such as drives, dampers, transducers, enabling or locking devices, extension assists, springs and/or other energy stores (Specification, Page 10/20, lines 27-28). For examination purposes, “upper support element” in claims 19, 27, and 35is interpreted as a housing or shell configuration attached to an upper part and the second joint device. The upper support element serves as a carrier for further components, for example damper devices or drives, in order to influence the pivoting movement of the orthosis (Specification, Page 7/20, lines 20-30). For examination purposes, “lower support element” in claims 19, 27, and 35 is interpreted as attachable to a lower part and the second joint device. The lower support element serves as a carrier for further components, for example damper devices or drives, in order to influence the pivoting movement of the orthosis (Specification, Page 7/20, lines 20-30). For examination purposes, “fastening devices” in claims 25 and 33 is interpreted as screw inserts, bolts, lockable slide guides or the like (Specification, Page 4/20, Paragraph 1). For examination purposes, “enabling and locking device” in claim 27 is interpreted as a clutch with a drive that permits the initiation of a pivoting movement, or at least supports a pivoting movement, about the pivot axis 40 (Specification, Page 20/20, Paragraph 1). For examination purposes, “distance element” in claims 23, 26, 31, and 34is interpreted as providing a spacing of a functional element from an upper part or lower part (Specification, Page 15/20, Paragraph 1).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 22-24, 30-32, and 38 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.
Claims 22-24, 30-32, and 38 recite the limitation “the swivel-angle” in claims 22-23, 30-31 AND 38; "the swivel-axis" in claims 24, 32, and 37. There is insufficient antecedent basis for these limitations in the claims. Rephrase claims 22-24, 30-32, and 38 to depend on claims 20, 28, and 36, respectively, instead of claims 19, 27, and 35, respectively. Also, rephrase “the swivel-angle” to read –the inclination angle--.
Claims 24 and 32 recite the limitation “wherein the swivel-axis is orientated perpendicular to the swivel-axis in anterior-posterior direction” which is unclear and indefinite. For examination purposes, rephrase to read -- wherein the swivel-axis is orientated perpendicular to the pivot-axis in anterior-posterior direction--.
Double Patenting
9. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
10. Claims 19, 25-27, 33-35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. (15/733,146).
Regarding claim 19 of the instant invention, Copending Application No. (15/733,146) claim 1 discloses an orthosis comprising: an upper part; a lower part; a first joint device coupling the upper part and lower part to each other in such a way as to be pivotable about a first pivot axis; devices for receiving a body part or a limb or for securing the orthosis to a body part or a limb are arranged on the upper part and the lower part; an upper support element is releasably attached to the upper part on one side; a lower support element is releasably attached to the lower part on one side; a second joint device connecting the upper support element and lower support element to each other in such a way as to be pivotable about a second pivot axis, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other, and wherein the upper support element is inclined to the upper part in lateral direction.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 19 of the current application and claim 1 of parent copending app 15/733,146 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 1 of copending app 15/733,146 in effect a “species” of the “generic” invention of current application claim 19. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 19 of the current application is anticipated by claim 1 of copending app 15/733,146, it is not patentably distinct from claim 1 of copending app 15/733,146.
All of the limitations of claim 25 can be found in claim 1 of copending app 15/733,146.
All of the limitations of claim 26 can be found in claim 14 of copending app 15/733,146.
Regarding claim 27 of the instant invention, Copending Application No. (15/733,146) claim 1 discloses an orthosis comprising: an upper part; a lower part; a first joint device coupling the upper and lower parts to each other in such a way as to be pivotable about a first pivot axis; devices for receiving a body part or a limb or for securing the orthosis to the body part or the limb are arranged on at least one of the upper part and the lower part; an upper support element releasably attached to the upper part on one side; a lower support element releasably attached to the lower part on one side; a second joint device formed by the upper and lower support elements connected to each other in such a way as to be pivotable about a second pivot axis, wherein the first joint device and the second joint device are concentric and remain concentric throughout a gait of a user, wherein the first joint device and the second joint device are laterally spaced apart from each other, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other, and wherein the upper support element is inclined to the upper part in lateral direction; a bearing plate attached to either the upper part to the upper support element or the lower part to the lower support element; andat least one functional element detachably securable to the bearing plate, wherein the at least one functional element comprises at least one of a hydraulic damper, a locking and enabling device, a motorized drive, and a computer-controlled hydraulic damping system.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 27 of the current application and claim 1 of parent copending app 15/733,146 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 1 of copending app 15/733,146 in effect a “species” of the “generic” invention of current application claim 27. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 27 of the current application is anticipated by claim 1 of copending app 15/733,146, it is not patentably distinct from claim 1 of copending app 15/733,146.
All of the limitations of claim 33 can be found in claim 1 of copending app 15/733,146.
All of the limitations of claim 34 can be found in claim 14 of copending app 15/733,146.
Regarding claim 35 of the instant invention, Copending Application No. (15/733,146) claim 1 discloses an orthosis comprising: an upper part; a lower part; a first joint device coupling the upper and lower parts to each other in such a way as to be pivotable about a first pivot axis; devices for receiving a body part or a limb or for securing the orthosis to the body part or the limb are arranged on at least one of the upper part and the lower part; an upper support element releasably attached to the upper part on one side; a lower support element releasably attached to the lower part on one side; a second joint device formed by the upper and lower support elements connected to each other in such a way as to be pivotable about a second pivot axis, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other, and wherein the upper support element is inclined to the upper part in lateral direction; a bearing plate attached to either the upper part to the upper support element or the lower part to the lower support element; and at least one functional element detachably securable to the bearing plate.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 35 of the current application and claim 1 of parent copending app 15/733,146 lies in the fact that the patented claims include many more elements and is thus much more specific. Thus, the invention of claim 1 of copending app 15/733,146 in effect a “species” of the “generic” invention of current application claim 35. It has been held that the generic invention is “anticipated” by the “species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claim 35 of the current application is anticipated by claim 1 of copending app 15/733,146, it is not patentably distinct from claim 1 of copending app 15/733,146.
This is a provisional nonstatutory double patenting rejection.
11. Claims 20-24, 28-32, and 36-38 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. (15/733,146) in view of claims 1 and 9 of Auberger et al. U.S. Patent No. (12279978).
Regarding claims 20, 22-24, 28, 30-32, 36, and 38 of the instant application, Copending Application No. (15/733,146) claim 1 discloses the upper support element and upper part.
Although the conflicting claims are not identical, they are not patentably distinct from each other because (1) the claims of the co-pending Application are directed to a device/method having the essential structural features as claimed in the instant application. (2) The instant application differs from the co-pending application in that it recites the limitation of a swivel- mounted about a swivel-axis.
Auberger claims 1 and 9 discloses “wherein the actuator is fixed to a bracket, which is arranged between the joint axis and the upper part fixing point or the lower part fixing point, wherein each swivel axis formed by the at least two joints and the joint axis each extends through the bracket” and “wherein at least one of the swivel axes lies in a swivel plane, which is oriented perpendicular to the joint axis.”.
In view of the teachings of Copending Application No. (15/733,146), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the upper and lower part mounting with the actuator upper support element and lower support element of Copending Application No. (15/733,146) by incorporating the swivel of Auberger for providing various angled thigh and calf side profiles.
All of the limitations of claim 21, 29, and 37 can be found in claims 1 and 9 of Auberger.
This is a provisional nonstatutory double patenting rejection.
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 19-38, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al. (US Patent Pub. No. 20200069505 A1).
Regarding claim 19, an embodiment of Figure 27-30 of Fuijita discloses an orthosis 1 (Paragraph 322 and Figure 27, knee-ankle-foot orthosis 1) comprising: an upper part 20 (Paragraph 322 and Figure 28, thigh frame 20); a lower part 40 (Paragraph 322 and Figure 28, lower leg frame 40); a first joint device 50 (Paragraph 340, 357, and see annotated Figure 30 below, first joint device 50 pivotably coupling thigh 20 and lower leg frame 40 along pivot axis X; ; this is the structure as defined by the 112f analysis above) coupling the upper part 20 and lower part40 to each other in such a way as to be pivotable about a first pivot axis ;devices 10,30 (Paragraph 322 and Figure 27, thigh and lower leg attachments 10,30; this is the structure as defined by the 35 USC 112f analysis above) for receiving a body part or a limb or for securing the orthosis 1 to a body part or a limb are arranged on the upper part 20 and the lower part 40; an upper support element 120 (Paragraph 325 and Figure 28, upper support frame 120 secured to thigh frame20 on outer side via fastener 161,165 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the upper part 20 on one side; a lower support element 140 (Paragraph 325 and Figure 28, lower support frame 140 secured to lower frame 40 on outer side via fastener 171,175 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the lower part 40 on one side; a second joint device 151,185 (Paragraph 340, 357, and Figure 30, second joint device 151,185 pivotably coupling upper and lower support 120,140 to one another about pivot axis Y which is the same as/coaxial with pivot axis X; ; this is the structure as defined by the 112f analysis above) connecting the upper support element 120 and lower support element 140 to each other in such a way as to be pivotable about a second pivot axis, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other (Paragraph 340, 357, and Figure 30, coaxial aligned first joint device 50 and second joint device 151D,185D throughout flexion/extension).
However, the embodiment of Figure 27 of Fujita fails to explicitly disclose wherein the upper support element is inclined to the upper part in lateral direction.
An embodiment of Figure 1-12 of Fujita teaches an analogous orthosis (Paragraphs 43-44, 60, 87, 136, 222, 242 and Figures 1-3, 11-12, long lower limb orthosis 1 is an instrument worn for walking assistance or rehabilitation) wherein the analogous upper support element (Paragraph 87, actuator unit 100 includes an upper frame 120 connectable to the first thigh frame 20 with a driver 110 for producing driving force for rotating lower frame 140 around the actuator-side pivot axis Y) is inclined (Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140) to the analogous upper part 20 (Paragraph 136 and Figures 11-12, thigh frame 20) in lateral direction.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the connection between the upper support element and the upper part of the embodiment of Figure 27 of Fujita, so that the upper support element is inclined to the upper part in lateral direction, as taught by the embodiment of Figure 1 of Fujita, in order to provide an improved orthosis with an improved connection between an upper part and upper functional support element for providing a gradual deformation of the force transfer of the functional element of the second joint device through the upper part via the spacer with desirable thigh frame and support element tilt angles (Fujita, Paragraphs 43-44, 222, and 242).
Regarding claim 20, the embodiment of Figure 27 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the upper support element (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic swivel tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140 ) is swivel- mounted about a swivel-axis to change an inclination angle of the upper support element relative to the upper part.
Regarding claim 21, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the swivel-axis (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 proximal to pivot joint X-axis) is located proximally to the pivot axis.
Regarding claim 22, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the inclination-angle(Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, rubber spacer 280 provides elastic adjustability throughout movement) is adjustable.
Regarding claim 23, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein a distance element 280 (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, rubber spacer distance element 280 between thigh frame 20 and upper support frame element 120; ; this is the structure as defined by the 35 UCS 112f analysis above) is arranged between the upper part and the upper support element to adjust the swivel-angle.
Regarding claim 24, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the swivel-axis is orientated perpendicular (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic swivel tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140 ) to the pivot-axis in anterior-posterior direction.
Regarding claim 25, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above. The embodiment of Figure 27 of Fujita further discloses wherein a bearing plate 169 (Paragraph 346 and Figure 29, bearing plate 169 detachably attached to upper part 20 and couples with upper support element 120 via fastener 161,165) is attached to the upper part 20, the bearing plate 169 having at least one fastening device 161,165 (Paragraph 343 and Figure 29, fastening device 161,165 for securing upper part 20 and upper support element 120, thereby also securing the second joint device 151,185 via the upper support element 120; this is the structure as defined by the 35 USC 112f analysis above) for securing the upper support element 120.
Regarding claim 26, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above but fails to explicitly disclose wherein a distance element is arranged between the lower part and the lower support element.
The embodiment of Figure 1 of Fujita further discloses wherein a distance element 380 (Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140; this is the structure as defined by the 35 UCS 112f analysis above) is arranged between the analogous lower part 40 and the analogous lower support element 140.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the connection between the lower support element and the lower part of the embodiment of Figure 27 of Fujita in view of the embodiment of Figure 1 of Fujita, so that a distance element is arranged between the lower part and the lower support element, as taught by the embodiment of Figure 1 of Fujita, in order to provide an improved orthosis with an improved connection between a lower part and lower support element for providing a gradual deformation of the force transfer of the functional element of the second joint device through the lower part via the distance spacer element with desirable calf frame and support element tilt angles (Fujita, Paragraphs 43-44, 222, and 242).
Regarding claim 27, an embodiment of Figure 27-30 of Fuijita discloses an orthosis 1 (Paragraph 322 and Figure 27, knee-ankle-foot orthosis 1) comprising: an upper part 20 (Paragraph 322 and Figure 28, thigh frame 20); a lower part 40 (Paragraph 322 and Figure 28, lower leg frame 40); a first joint device 50 (Paragraph 340, 357, and see annotated Figure 30 below, first joint device 50 pivotably coupling thigh 20 and lower leg frame 40 along pivot axis X; ; this is the structure as defined by the 112f analysis above) coupling the upper part 20 and lower part40 to each other in such a way as to be pivotable about a first pivot axis ;devices 10,30 (Paragraph 322 and Figure 27, thigh and lower leg attachments 10,30; this is the structure as defined by the 35 USC 112f analysis above) for receiving a body part or a limb or for securing the orthosis 1 to a body part or a limb are arranged on the upper part 20 and the lower part 40; an upper support element 120 (Paragraph 325 and Figure 28, upper support frame 120 secured to thigh frame20 on outer side via fastener 161,165 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the upper part 20 on one side; a lower support element 140 (Paragraph 325 and Figure 28, lower support frame 140 secured to lower frame 40 on outer side via fastener 171,175 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the lower part 40 on one side; a second joint device 151,185 (Paragraph 340, 357, and Figure 30, second joint device 151,185 pivotably coupling upper and lower support 120,140 to one another about pivot axis Y which is the same as/coaxial with pivot axis X; ; this is the structure as defined by the 112f analysis above) connecting the upper support element 120 and lower support element 140 to each other in such a way as to be pivotable about a second pivot axis, wherein the first pivot axis and the second pivot axis are concentric and remain concentric throughout a gait of a user (Paragraph 340, 357, and Figure 30, coaxial aligned first joint device 50 and second joint device 151D,185D throughout flexion/extension), wherein the first joint device 50 and the second joint device 151,185 are laterally spaced apart (see annotated Figure 30 below) from each other, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other; a bearing plate169 (Paragraph 346 and Figure 29, bearing plate 169 detachably attached to upper part 20 and couples with upper support element 120 via fastener 161,165) attached to either the upper part to the upper support element; and at least one functional element 110 (Paragraph 330 and Figure 30, actuated motorized driver 110 has upper portion 160 with upper support element 120 that detachably couples to bearing plate 169) detachably securable to the bearing plate plate169, wherein the at least one functional element 110 comprises a motorized drive110.
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However, the embodiment of Figure 27 of Fujita fails to explicitly disclose wherein the upper support element is inclined to the upper part in lateral direction.
An embodiment of Figure 1-12 of Fujita teaches an analogous orthosis (Paragraphs 43-44, 60, 87, 136, 222, 242 and Figures 1-3, 11-12, long lower limb orthosis 1 is an instrument worn for walking assistance or rehabilitation) wherein the analogous upper support element (Paragraph 87, actuator unit 100 includes an upper frame 120 connectable to the first thigh frame 20 with a driver 110 for producing driving force for rotating lower frame 140 around the actuator-side pivot axis Y) is inclined (Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140) to the analogous upper part 20 (Paragraph 136 and Figures 11-12, thigh frame 20) in lateral direction.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the connection between the upper support element and the upper part of the embodiment of Figure 27 of Fujita, so that the upper support element is inclined to the upper part in lateral direction, as taught by the embodiment of Figure 1 of Fujita, in order to provide an improved orthosis with an improved connection between an upper part and upper functional support element for providing a gradual deformation of the force transfer of the functional element of the second joint device through the upper part via the spacer with desirable thigh frame and support element tilt angles (Fujita, Paragraphs 43-44, 222, and 242).
Regarding claim 28, the embodiment of Figure 27 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the upper support element (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic swivel tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140 ) is swivel- mounted about a swivel-axis to change an inclination angle of the upper support element relative to the upper part.
Regarding claim 29, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the swivel-axis (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 proximal to pivot joint X-axis) is located proximally to the pivot axis.
Regarding 30, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the inclination-angle(Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, rubber spacer 280 provides elastic adjustability throughout movement) is adjustable.
Regarding claim 31, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein a distance element 280 (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, rubber spacer distance element 280 between thigh frame 20 and upper support frame element 120; ; this is the structure as defined by the 35 UCS 112f analysis above) is arranged between the upper part and the upper support element to adjust the swivel-angle.
Regarding claim 32, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the swivel-axis is orientated perpendicular (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic swivel tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140 ) to the pivot-axis in anterior-posterior direction.
Regarding claim 33, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above. The embodiment of Figure 27 of Fujita further discloses wherein a bearing plate 169 (Paragraph 346 and Figure 29, bearing plate 169 detachably attached to upper part 20 and couples with upper support element 120 via fastener 161,165) is attached to the upper part 20, the bearing plate 169 having at least one fastening device 161,165 (Paragraph 343 and Figure 29, fastening device 161,165 for securing upper part 20 and upper support element 120, thereby also securing the second joint device 151,185 via the upper support element 120; this is the structure as defined by the 35 USC 112f analysis above) for securing the upper support element 120.
Regarding claim 34, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above but fails to explicitly disclose wherein a distance element is arranged between the lower part and the lower support element.
The embodiment of Figure 1 of Fujita further discloses wherein a distance element 380 (Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140; this is the structure as defined by the 35 UCS 112f analysis above) is arranged between the analogous lower part 40 and the analogous lower support element 140.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the connection between the lower support element and the lower part of the embodiment of Figure 27 of Fujita in view of the embodiment of Figure 1 of Fujita, so that a distance element is arranged between the lower part and the lower support element, as taught by the embodiment of Figure 1 of Fujita, in order to provide an improved orthosis with an improved connection between a lower part and lower support element for providing a gradual deformation of the force transfer of the functional element of the second joint device through the lower part via the distance spacer element with desirable calf frame and support element tilt angles (Fujita, Paragraphs 43-44, 222, and 242).
Regarding claim 35, an embodiment of Figure 27-30 of Fuijita discloses an orthosis 1 (Paragraph 322 and Figure 27, knee-ankle-foot orthosis 1) comprising: an upper part 20 (Paragraph 322 and Figure 28, thigh frame 20); a lower part 40 (Paragraph 322 and Figure 28, lower leg frame 40); a first joint device 50 (Paragraph 340, 357, and see annotated Figure 30 below, first joint device 50 pivotably coupling thigh 20 and lower leg frame 40 along pivot axis X; ; this is the structure as defined by the 112f analysis above) coupling the upper part 20 and lower part40 to each other in such a way as to be pivotable about a first pivot axis ;devices 10,30 (Paragraph 322 and Figure 27, thigh and lower leg attachments 10,30; this is the structure as defined by the 35 USC 112f analysis above) for receiving a body part or a limb or for securing the orthosis 1 to a body part or a limb are arranged on the upper part 20 and the lower part 40; an upper support element 120 (Paragraph 325 and Figure 28, upper support frame 120 secured to thigh frame20 on outer side via fastener 161,165 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the upper part 20 on one side; a lower support element 140 (Paragraph 325 and Figure 28, lower support frame 140 secured to lower frame 40 on outer side via fastener 171,175 and with bearing plate 165 receiving two bolts 169 to releasably fasten upper part and upper support element to the upper and lower parts via the first and second joint devices; this is the structure as defined by the 112f analysis above) is releasably attached to the lower part 40 on one side; a second joint device 151,185 (Paragraph 340, 357, and Figure 30, second joint device 151,185 pivotably coupling upper and lower support 120,140 to one another about pivot axis Y which is the same as/coaxial with pivot axis X; ; this is the structure as defined by the 112f analysis above) connecting the upper support element 120 and lower support element 140 to each other in such a way as to be pivotable about a second pivot axis, wherein the first pivot axis and the second pivot axis are coaxially orientated to each other (Paragraph 340, 357, and Figure 30, coaxial aligned first joint device 50 and second joint device 151D,185D throughout flexion/extension); a bearing plate169 (Paragraph 346 and Figure 29, bearing plate 169 detachably attached to upper part 20 and couples with upper support element 120 via fastener 161,165) attached to either the upper part to the upper support element; and at least one functional element 110 (Paragraph 330 and Figure 30, actuated motorized driver 110 has upper portion 160 with upper support element 120 that detachably couples to bearing plate 169) detachably securable to the bearing plate plate169.
However, the embodiment of Figure 27 of Fujita fails to explicitly disclose wherein the upper support element is inclined to the upper part in lateral direction.
An embodiment of Figure 1-12 of Fujita teaches an analogous orthosis (Paragraphs 43-44, 60, 87, 136, 222, 242 and Figures 1-3, 11-12, long lower limb orthosis 1 is an instrument worn for walking assistance or rehabilitation) wherein the analogous upper support element (Paragraph 87, actuator unit 100 includes an upper frame 120 connectable to the first thigh frame 20 with a driver 110 for producing driving force for rotating lower frame 140 around the actuator-side pivot axis Y) is inclined (Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140) to the analogous upper part 20 (Paragraph 136 and Figures 11-12, thigh frame 20) in lateral direction.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the connection between the upper support element and the upper part of the embodiment of Figure 27 of Fujita, so that the upper support element is inclined to the upper part in lateral direction, as taught by the embodiment of Figure 1 of Fujita, in order to provide an improved orthosis with an improved connection between an upper part and upper functional support element for providing a gradual deformation of the force transfer of the functional element of the second joint device through the upper part via the spacer with desirable thigh frame and support element tilt angles (Fujita, Paragraphs 43-44, 222, and 242).
Regarding claim 36, the embodiment of Figure 27 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the upper support element (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 provides adjustable elastic swivel tilt angle between thigh frame 20 and upper support frame element 120. Also, spacer 380 provides adjustable elastic tilt angle between calf frame 40 and lower support frame element 140 ) is swivel- mounted about a swivel-axis to change an inclination angle of the upper support element relative to the upper part.
Regarding claim 37, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the swivel-axis (Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, spacer 280 proximal to pivot joint X-axis) is located proximally to the pivot axis.
Regarding 38, the embodiment of Figure 27-30 of Fujita in view of the embodiment of Figure 1 of Fujita discloses the invention as described above and further discloses wherein the inclination-angle(Fujita Figure 1: Paragraphs 43-44, 222, and 242 and Figures 1-3, 11-12, rubber spacer 280 provides elastic adjustability throughout movement) is adjustable.
Conclusion
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Joutras (US 5954621 A) teaches an orthotic.
Conclusion
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786