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 .
Amendment Entered
In response to the amendment filed on October 8th, 2025, amended claims 1, 6, 8-9, 12, and 14-15 are entered. Claim 7 is cancelled. Claims 1, 3-6, 8-10, 12, 14-15, and 17-18 are currently under examination.
Response to Arguments
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejections are withdrawn.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 101 have been fully considered and are persuasive. Therefore, the rejections are withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 have been considered but are not persuasive. The rejections have been further clarified below.
At Pgs. 13-14 of the Reply, Applicant asserts that Hanson merely discloses a user interface device instead of teaching “application information is an application of the at least one assistance device when the at least one assistance device assists the operation of the user from the posture to the different posture or from the location to the different location, which is the currently added limitations to claim 1”. Examiner would like to clarify that in the previous Office Action, Examiner interpreted the term “application” to mean “a computer program or piece of software designed and written to fulfill a particular purpose of the user”. However, after reviewing the Applicant’s remarks and amendments, Examiner realizes that the term “application” has been broadened to mean “the action of putting something into operation”. In view of the newly added limitations and thus, an updated interpretation, the Examiner would like to clarify that the Hanson reference has been withdrawn, as it was only brought in to remedy the lack of “application” teachings, when Examiner interpreted “application” to mean “a computer program or piece of software”. If the term “application” was meant to mean “the action of putting something into operation”, Examiner re-asserts that the combination of Hjort and Huster teaches the limitations of Claim 1.
Regarding the new amendments, Hjort clearly teaches application information of an application of the at least one assistance device when the at least one assistance device assists the operation of the user from the posture to the different posture or from the location to the different location (Fig. 35d is a simplified diagram of an example embodiment for the operation of the apparatus. At the start of operation the nursing assistant inserts the smartcard into the smartcard reader of the apparatus. The load preferences (movement profile) are then transferred from the smart card to the apparatus. In the next step the nursing assistant chooses where the transfer starts from, for example from a chair or from a toilet. Thereupon the apparatus lowers the torso support to the start position. When the person to be assistant has been secured to the torso support the nursing assistant chooses the "up" command and the apparatus moves the torso support up to the desired height for the standing position as indicated in the movement profile associated with the person to be assisted. Next, the apparatus saves the data associated with the performed transfer to the smartcard. As a next step the nursing assistant may choose to lower the apparatus and selects the "down" command. Thereupon, the apparatus lowers the torso support to return it to the start position. When this transfer is complete the apparatus transfers the data associated with the performed transfer to the smartcard; Page 30 Lines 19-33). From this cited portion, the initial “posture” is equivalent to “sitting” and the “different posture” is equivalent to “standing”. Further, the initial “location” can be a “chair” or “toilet” and the “different location” can be any location that is not the initial “chair” or “toilet”, as the person is now no longer sitting on the “chair” or “toilet”, and is therefore not located on either “chair” or “toilet”.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Claim 1 recites “in associated with” in line 13, but should read “in association with”
Claim 1 recites “in associated with” in line 17, but should read “in association with”
Claim 12 recites “in associated with” in line 13, but should read “in association with”
Claim 12 recites “in associated with” in line 17, but should read “in association with”
Appropriate correction is required.
Claim Interpretation
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 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 limitation is:
“extracting section” in Claims 1 and 12: Figure 5 of the Applicant’s Drawings and [0026-0032] of the Applicant’s Specification disclose wherein the “extracting section 103” is part of the “management device 100” which may include a “personal computer” or “terminal device such as a portable terminal (smart phone, tablet terminal)”
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.
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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 3-6, 8-9, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hjort et al (WO 2014/154687 A2; cited by Applicant; previously cited) in view of Huster (U.S. Publication No. 2017/0027787).
Regarding Claim 1, Hjort discloses an assistance system (apparatus for assisting impaired or disabled persons; Abstract), comprising:
at least one assistance device comprising a base (a base; Page 2 Line 10),
a driving device fixed to the base (an actuator arrangement supported by the base; Page 2 Line 14) and a support member (a person support configured for supporting the person to be moved, assisted or trained; Page 2 Line 12) movably and rotatably supported (the torso support is operatively connected to the free end of the second actuator by a rotational actuator that is configured to rotate the torso support around a substantially horizontal axis that is substantially perpendicular to the longitudinal axis of the second linear actuator; Page 3 Lines 26-29) by the driving device and is configured to support an upper body of a user (the person support is a torso support configured for supporting the torso and possibly also the underarms of the person to be a supported with the chest of the person facing the torso support; Page 3 Lines 21-23),
wherein the at least one assistance device is configured to assist an operation of the user from a posture to a different posture or from a location to a different location (where the actuator arrangement is configured to be able to move the person support up and down over a range of vertical positions and where the actuator arrangement is configured to be able to move the person support back and forth over a range of horizontal positions; Page 2 Lines 16-18);
a management device comprising a processor terminal (processor/control unit 50) having a storage section (the apparatus comprises a person specific movement profile that is associated with a person to be assisted and stored on a memory that is accessible to the processor; Page 7 Lines 16-19), an extracting section (the apparatus comprises a person identification system coupled to the processor and configured for identifying a person to be assisted; Page 6 Lines 17-19), and a display section (the apparatus further comprises a display connected to the processor, the processor being configured to determine to which extent the person participates with his own effort during a movement and wherein the processor preferably displays the results of the determination of the extent that the person participates with his own effort to move on said display; Page 8 Lines 29-33),
the storage section comprising a memory configured to store usage record data, assistance record data and user identification information (the apparatus comprises a person specific movement profile that is associated with a person to be assisted and stored on a memory that is accessible to the processor; Page 7 Lines 16-19; the processor is configured to create an initial profile for using the first time that a person to be assisted uses the apparatus, the initial profile being created by the processor on the basis of characteristics and/or traits of the person to be moved or assisted, such as anthropometric data and/or degree of disability; Page 7 Lines 28-31), wherein the usage record data having usage information as to a use of the at least one assistance device by the user is recorded in association with first time information as to a date and time when the at least one assistance device is used (Time stamp for each transfer; Page 28 Line 7; Time stamp for daily transfers; Page 28 Line 23) and is recorded with the user identification information, and the user identification information is used to identify the user (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11);
a user information acquisition section comprising at least one of a keyboard, a mouse, a touch panel, a camera or a microphone and configured to acquire the user identification information (The apparatus 1 is also provided with a separate keyboard 62 that is provided with a plurality of buttons or another input means, such as a touchpad. In an embodiment the keyboard also includes a display 61 for data feedback to the operator 40. The keyboard 62 and the display 61 are connected to the processor. In an embodiment, identification of the person to be assisted is effect via a code or password assisted with the person to be assisted using the keyboard 62; Page 20 Line 33 – Page 21 Line 2; The user interface is formed by a speaker, a touchpad or touchscreen or keypad and conventional display screen and a smartcard reader that are all connected to the processor for input of instructions or data to the processor; Page 25 Lines 13-16; the processor is configured to receiving an input from an operator for selecting an appropriate default/initial profile for a person that is to use the apparatus for the first time; Page 8 Lines 18-20);
the extracting section configured to extract the usage information and the first time information of the user based on the user identification information included in the usage record data (apparatus comprises a person identification system coupled to the processor and configured for identifying a person to be assisted; Page 6 Lines 17-19; the identification device associated with the person to be assisted holds data specific for the person to be assisted informing the processor how to operate the apparatus when assisting the person to assisted with the apparatus; Page 6 Lines 32-35); and
the display section (the user interface further comprises a display screen for displaying information to an operator of the apparatus…the user interface further comprises a display screen for displaying information to the person to be supported; Page 3 Lines 8-12; the apparatus further comprises a display connected to the processor, the processor being configured to determine to which extent the person participates with his own effort during a movement and wherein the processor preferably displays the results of the determination of the extent that the person participates with his own effort to move on said display; Page 8 Lines 29-33; the keyboard also includes a display 61 for data feedback to the operator 40. The keyboard 62 and the display 61 are connected to the processor. In an embodiment, identification of the person to be assisted is effect via a code or password assisted with the person to be assisted using the keyboard 62. In an embodiment the apparatus 1 is provided with a display that is placed such that it is in sight of the person to be assisted 30; Page 20 Line 34 – Page 21 Line 6) configured to display a time series change in the usage information of the user (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11), and
wherein the usage information includes usage frequency information as to a number of uses of the at least one assistance device per predetermined unit period (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11), and application information of an application of the at least one assistance device when the at least one assistance device assists the operation of the user from the posture to the different posture or from the location to the different location (Fig. 35d is a simplified diagram of an example embodiment for the operation of the apparatus. At the start of operation the nursing assistant inserts the smartcard into the smartcard reader of the apparatus. The load preferences (movement profile) are then transferred from the smart card to the apparatus. In the next step the nursing assistant chooses where the transfer starts from, for example from a chair or from a toilet. Thereupon the apparatus lowers the torso support to the start position. When the person to be assistant has been secured to the torso support the nursing assistant chooses the "up" command and the apparatus moves the torso support up to the desired height for the standing position as indicated in the movement profile associated with the person to be assisted. Next, the apparatus saves the data associated with the performed transfer to the smartcard. As a next step the nursing assistant may choose to lower the apparatus and selects the "down" command. Thereupon, the apparatus lowers the torso support to return it to the start position. When this transfer is complete the apparatus transfers the data associated with the performed transfer to the smartcard; Page 30 Lines 19-33; Examiner’s Note: the initial “posture” can be equivalent to “sitting” and the “different posture” can be equivalent to “standing”. Further, the initial “location” can be a “chair” or “toilet” and the “different location” can be any location that is not the initial “chair” or “toilet”, as the person is now no longer sitting on the “chair” or “toilet”, and is therefore not located on either “chair” or “toilet”).
Hjort fails to disclose the assistance record data having assistance record information, which is information as to an assistance performed without using the at least one assistance device to the user, is recorded in association with second time information and is recorded in associated with the user identification information; the extracting section configured to extract the assistance record information and the second time information of the user based on the user identification information included in the assistance record data; wherein the display section is configured to display a time series change in the usage information of the user with the assistance record information of the user; and wherein the display section displays a time series change in the usage frequency.
In a similar technical field, Huster teaches a patient support apparatus that communicates with an electronic medical record system (Abstract), the assistance record data having assistance record information, which is information as to an assistance performed without using the at least one assistance device to the user, is recorded in association with second time information and is recorded in associated with the user identification information (In the illustrative example, table 502 includes columns with the headings Intakes, Meal, Liquid, Assistance and Time as shown in FIG. 42…The Assistance column indicates the amount of help provided by a caregiver to the patient during the meal. In the illustrative example, a caregiver had to feed the entire breakfast to the patient as indicated by the word “Total” in table 502, a caregiver provided some amount of help to the patient during lunch as indicated by the word “Assist” in table 502, and the patient was able to feed himself or herself the remainder of the intakes in table 502 as indicated by the word “Self” shown in each of the remaining rows of table 502. The Time column indicates the time of day that the patient had the particular intake. In some embodiments, a Date column (not shown) is also shown in table 502. A scroll bar 492′ and scroll icon 494′ are provided on the right hand side of table 502 in the illustrative example for scrolling up and down to other entries of table 502; [0140]);
the extracting section configured to extract the assistance record information and the second time information of the user based on the user identification information included in the assistance record data (Selection of button 508 provides a caregiver with access to the patient's historical intake information in table 502. The historical intake information corresponds to the patient's intake on one or more preceding days, for example. The intake information is retrieved from remote computer 176 in response to selection of button 508 in some embodiments. Thus, according to this disclosure, intake information entered on table 502 is transmitted by bed 10 to computer 176 for storage in the patient's electronic medical record. The intakes information is transmitted automatically at preset times or periodically to computer 176 from bed 10 in some embodiments. In other embodiments, the intakes information is retrieved from bed 10 by a user at computer 176. Alternatively or additionally, it is within the scope of this disclosure for the intakes information to be stored locally in the memory 174 of bed 10; [0141]);
wherein the display section (display screen 142) is configured to display a time series change (Patient Info History Graph screen 330) in the usage information (Bed Status History screen 286; Figures 5-12) of the user with the assistance record information (Charting Intake/Output screen 500) of the user (Patient Info History screen 320 includes a Graph button or icon 328 as shown in FIG. 20. In response to the caregiver selecting Graph button 328, a Patient Info History Graph screen 330, an example of which is shown in FIG. 21, appears on the graphical user interface 142. Patient Info History Graph screen 330 includes a graphical representation of the patient data stored in the EMR system at different times. In some embodiments, the caregiver double taps on screen 330 to return to the Patient Info History screen 320. In other embodiments, a Close button or Back button is provided. Selection of the Back of Close icon returns the caregiver to the Patient Info History screen 320 and then Back button 318 is used on screen 320 to return the caregiver to the Charting Home screen 240 as mentioned above. In some embodiments, left and right scroll arrows are provided on screen 330 so that the caregiver is able to scroll to other portions of the patient info history graph if not all of the graph is able to fit on screen 330; [0111]; Selection of Report icon 578 results in the associated patient's medical report information being displayed on graphical user interface 142…selection of button 578 results in a screen being displayed on interface 142 for entry of the patient's medical report information into the electronic medical record via bed 10. Selection of Trend icon 580 results in the associated patient's historical trending information being displayed on graphical user interface 142. Screen 330 of FIG. 21 is an example of the type of trending information that is displayed on interface 142 in response to selection of icon 580; [0158]; Examiner’s Note: The bed status history and the intake/output screen can both be chosen to be charted for the patient’s electronic medical record. Therefore, both of those data trends will be displayed in a time series change on screen 330—similar to the fashion in which data trends HR/min, Sp02, Systolic mmHg, Diastolic mmHg, Resp / Min, °F are displayed in Figure 21)—of the graphical user interface 142); and
wherein the display section displays a time series change in the usage frequency (In response to selection of the View History button 274 on the Bed Status screen, a Bed Status History screen 286, an example of which is shown in FIG. 12, appears on graphical user interface 142. Screen 286 is discussed in further detail below. In response to selection of Chart button 272 on the Bed Status screen, a Charting Confirmation pop up window 278 appears on the graphical user interface 142 as shown in FIG. 11. Window 278 has text 280 which asks whether the caregiver wants to chart the bed status data appearing in bubbles 256, 258, 260, 262 and read out field 257 to the EMR of the associated patient. A Yes button or icon 282 and a No button or icon 284 are provided in window 278. In response to the selection of No button 284 of window 278, Charting Home screen 240 is once again displayed on graphical user interface 142 and none of the bed status data appearing on the Bed Status screen is charted or sent to the EMR system 176. In response to the selection of Yes button 282 of window 278, the bed status data appearing in bubbles 256, 258, 260, 262 and read out field 257 is charted to the EMR of the associated patient and the Bed Status History screen 286 automatically appears on the graphical user interface 143 thereafter as shown, for example, in FIG. 12. The Bed Status History screen 286 has a left scroll arrow 288 and a right scroll arrow 290 that are selected to scroll through Bed Status data that has been charted to the EMR system for the particular patient. If the Yes button 282 was selected on window 278, then screen 286 initially shows the data that has just been charted to the EMR system 176 along with an associated date and time stamp 292. As arrows 288, 290 are used to scroll to data that was charted at different times, the date and time stamp 292 changes to match the date and time at which the particular data, which appears in bubbles 256, 258, 260, 262 and field 257 of partial bed indicia 252, was charted; [0097-0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the display teachings of Huster into those of Hjort in order to provide a graphical representation of patient data stored in the EMR system at different times to see historical fluctuations in multiple parameters (Huster [0111]).
Regarding Claim 3, Hjort discloses wherein the usage information includes load value information as to a load value received by the at least one assistance device when the at least one assistance device is used (the apparatus comprising one or more sensors connected to said processor and the one or more sensors being configured for sensing the load on the torso support and/or on the footplate…the apparatus further comprises a knee support and a sensor configured to sense the load on the knee support; Page 8 Lines 22-27), and the display section displays the load value information (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11).
Hjort fails to disclose wherein the display section displays a time series change in the load value information.
Huster teaches wherein the display section displays a time series change in the load value information (The Weight History button 390 is pressed to cause a weight graph to appear in field 382; [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the display teachings of Huster into those of Hjort in order to provide a graphical representation of patient data stored in the EMR system at different times to see historical fluctuations in multiple parameters (Huster [0111]).
Regarding Claim 4, Hjort discloses wherein the load value is received when the at least one assistance device is in a specific posture (Sensors on the lift will monitor the weight distribution and provide measurements back on the map. The measurements are e.g., weight distribution foot / arm at the start, half standing and full standing position; Page 28 Lines 4-6).
Regarding Claim 5, Hjort discloses wherein the usage information includes load fluctuation information as to a fluctuation in the load value received by the at least one assistance device during an operation of the at least one assistance device (the apparatus comprising one or more sensors connected to said processor and the one or more sensors being configured for sensing the load on the torso support and/or on the footplate…the apparatus further comprises a knee support and a sensor configured to sense the load on the knee support; Page 8 Lines 22-27; Examiner’s Note: Since load information is sensed multiple times, two data points of load information can be equated to load fluctuation information), and the display section is configured to display the load fluctuation information (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11).
Hjort fails to disclose wherein the display section is configured to display a time series change in the load fluctuation information.
Huster teaches wherein the display section is configured to display a time series change in the load fluctuation information (The Weight History button 390 is pressed to cause a weight graph to appear in field 382; [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the display teachings of Huster into those of Hjort in order to provide a graphical representation of patient data stored in the EMR system at different times to see historical fluctuations in multiple parameters (Huster [0111]).
Regarding Claims 6 and 14-15, Hjort discloses wherein the at least one assistance device includes a load sensor capable of detecting the load value received from a portion of the support member adapted to support the upper body of the user, and the load value is a detection value detected by the load sensor (Sensors on the lift will monitor the weight distribution and provide measurements back on the map. The measurements are e.g., weight distribution foot / arm at the start, half standing and full standing position; Page 28 Lines 4-6).
Regarding Claim 8, Hjort discloses wherein the application information includes action record information as to an action performed by the user while using the at least one assistance device (By using sensors at selected locations on the lift it is possible to measure and visualize the participation of person to be supported him/herself in the lifting procedure, and this is a motivator to participate more. These participation data are to be stored on the smart card for use by health professionals during the evaluation of use the equipment by the person to be supported. Everyday rehabilitation functions can be performed with a training program for a person to be supported, wherein the Smart Card is programmed for exercising the person to be supported e.g. training leg muscles to get up and stand in the apparatus and then running the lift automatically slightly down and up again a number of times. The lift has monitoring methods to visualize the person to be supported's active participation in the transfer. These measurements are logged and will be used for evaluation of the person to be supported's ability to use the apparatus; Page 25 Line 31 – Page 26 Line 7).
Regarding Claim 9, Hjort discloses wherein the application information includes usage location information as to a location at which the at least one assistance device is used (Fig. 35d is a simplified diagram of an example embodiment for the operation of the apparatus. At the start of operation the nursing assistant inserts the smartcard into the smartcard reader of the apparatus. The load preferences (movement profile) are then transferred from the smart card to the apparatus. In the next step the nursing assistant chooses where the transfer starts from, for example from a chair or from a toilet. Thereupon the apparatus lowers the torso support to the start position. When the person to be assistant has been secured to the torso support the nursing assistant chooses the "up" command and the apparatus moves the torso support up to the desired height for the standing position as indicated in the movement profile associated with the person to be assisted. Next, the apparatus saves the data associated with the performed transfer to the smartcard. As a next step the nursing assistant may choose to lower the apparatus and selects the "down" command. Thereupon, the apparatus lowers the torso support to return it to the start position. When this transfer is complete the apparatus transfers the data associated with the performed transfer to the smartcard; Page 30 Lines 19-33).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hjort in view of Huster and Otsubo (U.S. Publication No. 2012/0302843; previously cited).
Regarding Claim 12, Hjort discloses an assistance system (apparatus for assisting impaired or disabled persons; Abstract), comprising:
at least one assistance device comprising a base (a base; Page 2 Line 10),
a driving device fixed to the base (an actuator arrangement supported by the base; Page 2 Line 14) and a support member (a person support configured for supporting the person to be moved, assisted or trained; Page 2 Line 12) movably and rotatably supported (the torso support is operatively connected to the free end of the second actuator by a rotational actuator that is configured to rotate the torso support around a substantially horizontal axis that is substantially perpendicular to the longitudinal axis of the second linear actuator; Page 3 Lines 26-29) by the driving device and is configured to support an upper body of a user (the person support is a torso support configured for supporting the torso and possibly also the underarms of the person to be a supported with the chest of the person facing the torso support; Page 3 Lines 21-23),
wherein the at least one assistance device is configured to assist an operation of the user from a posture to a different posture or from a location to a different location (where the actuator arrangement is configured to be able to move the person support up and down over a range of vertical positions and where the actuator arrangement is configured to be able to move the person support back and forth over a range of horizontal positions; Page 2 Lines 16-18);
a management device comprising a processor terminal (processor/control unit 50) having a storage section (the apparatus comprises a person specific movement profile that is associated with a person to be assisted and stored on a memory that is accessible to the processor; Page 7 Lines 16-19), an extracting section (the apparatus comprises a person identification system coupled to the processor and configured for identifying a person to be assisted; Page 6 Lines 17-19), and a display section (the apparatus further comprises a display connected to the processor, the processor being configured to determine to which extent the person participates with his own effort during a movement and wherein the processor preferably displays the results of the determination of the extent that the person participates with his own effort to move on said display; Page 8 Lines 29-33),
the storage section comprising a memory configured to store usage record data, assistance record data and user identification information (the apparatus comprises a person specific movement profile that is associated with a person to be assisted and stored on a memory that is accessible to the processor; Page 7 Lines 16-19; the processor is configured to create an initial profile for using the first time that a person to be assisted uses the apparatus, the initial profile being created by the processor on the basis of characteristics and/or traits of the person to be moved or assisted, such as anthropometric data and/or degree of disability; Page 7 Lines 28-31), wherein the usage record data having usage information as to a use of the at least one assistance device by the user is recorded in association with first time information as to a date and time when the at least one assistance device is used (Time stamp for each transfer; Page 28 Line 7; Time stamp for daily transfers; Page 28 Line 23) and is recorded in associated with user identification information, and the user identification information is used to identify the user (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11);
a user information acquisition section comprising at least one of a keyboard, a mouse, a touch panel, a camera or a microphone and configured to acquire the user identification information (The apparatus 1 is also provided with a separate keyboard 62 that is provided with a plurality of buttons or another input means, such as a touchpad. In an embodiment the keyboard also includes a display 61 for data feedback to the operator 40. The keyboard 62 and the display 61 are connected to the processor. In an embodiment, identification of the person to be assisted is effect via a code or password assisted with the person to be assisted using the keyboard 62; Page 20 Line 33 – Page 21 Line 2; The user interface is formed by a speaker, a touchpad or touchscreen or keypad and conventional display screen and a smartcard reader that are all connected to the processor for input of instructions or data to the processor; Page 25 Lines 13-16; the processor is configured to receiving an input from an operator for selecting an appropriate default/initial profile for a person that is to use the apparatus for the first time; Page 8 Lines 18-20);
the extracting section configured to extract the usage information and the first time information of the user based on the user identification information included in the usage record data (apparatus comprises a person identification system coupled to the processor and configured for identifying a person to be assisted; Page 6 Lines 17-19; the identification device associated with the person to be assisted holds data specific for the person to be assisted informing the processor how to operate the apparatus when assisting the person to assisted with the apparatus; Page 6 Lines 32-35); and
the display section (the user interface further comprises a display screen for displaying information to an operator of the apparatus…the user interface further comprises a display screen for displaying information to the person to be supported; Page 3 Lines 8-12; the apparatus further comprises a display connected to the processor, the processor being configured to determine to which extent the person participates with his own effort during a movement and wherein the processor preferably displays the results of the determination of the extent that the person participates with his own effort to move on said display; Page 8 Lines 29-33; the keyboard also includes a display 61 for data feedback to the operator 40. The keyboard 62 and the display 61 are connected to the processor. In an embodiment, identification of the person to be assisted is effect via a code or password assisted with the person to be assisted using the keyboard 62. In an embodiment the apparatus 1 is provided with a display that is placed such that it is in sight of the person to be assisted 30; Page 20 Line 34 – Page 21 Line 6) configured to display a time series change in the usage information of the user (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11), and
wherein the usage information includes usage frequency as to a number of uses of the at least one assistance device per predetermined unit period (Fig. 35c is an example embodiment of a system diagram showing the functionalities associated with the various elements of the system associate with the apparatus 1,101. The following information is associated with a nursing assistant: name, ID no., time: day, evening or night and patients in therapy…the history of transfers (movements) is stored in the records, including first transfer date, no. of daily transfers, total no. of transfers, lift weight step, lift weight step 2, lift weight step 3 and contingency table. The history can be added, changed or shown. Transfers have associate therewith civil reg. no. (e.g. social security number), the nursing assistant ID and the Date of the transfer and the transfer details can be shown; Page 29 Line 27 – Page 30 Line 11), and application information of an application of the at least one assistance device when the at least one assistance device assists the operation of the user from the posture to the different posture or from the location to the different location (Fig. 35d is a simplified diagram of an example embodiment for the operation of the apparatus. At the start of operation the nursing assistant inserts the smartcard into the smartcard reader of the apparatus. The load preferences (movement profile) are then transferred from the smart card to the apparatus. In the next step the nursing assistant chooses where the transfer starts from, for example from a chair or from a toilet. Thereupon the apparatus lowers the torso support to the start position. When the person to be assistant has been secured to the torso support the nursing assistant chooses the "up" command and the apparatus moves the torso support up to the desired height for the standing position as indicated in the movement profile associated with the person to be assisted. Next, the apparatus saves the data associated with the performed transfer to the smartcard. As a next step the nursing assistant may choose to lower the apparatus and selects the "down" command. Thereupon, the apparatus lowers the torso support to return it to the start position. When this transfer is complete the apparatus transfers the data associated with the performed transfer to the smartcard; Page 30 Lines 19-33; Examiner’s Note: the initial “posture” can be equivalent to “sitting” and the “different posture” can be equivalent to “standing”. Further, the initial “location” can be a “chair” or “toilet” and the “different location” can be any location that is not the initial “chair” or “toilet”, as the person is now no longer sitting on the “chair” or “toilet”, and is therefore not located on either “chair” or “toilet”).
Hjort fails to disclose the assistance record data having assistance record information, which is information as to an assistance performed without using the at least one assistance device to the user, is recorded in association with second time information and is recorded in associated with the user identification information; the extracting section configured to extract the assistance record information and the second time information of the user based on the user identification information included in the assistance record data; wherein the display section is configured to display a time series change in the usage information and the assistance record information of the user; and wherein the display section displays a time series change in the usage frequency.
In a similar technical field, Huster teaches a patient support apparatus that communicates with an electronic medical record (EMR) system (Abstract), the assistance record data having assistance record information, which is information as to an assistance performed without using the at least one assistance device to the user, is recorded in association with second time information and is recorded in associated with the user identification information (In