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 .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 05/27/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 09/11/2025 has been entered. Currently, claims 1-4, 6-15 and 17-20 remain pending in the application. Independent claims 1 and 14 and dependent claims 6-10, and 17-19 were amended by the Applicant, without the addition of new matter, to include further narrowing limitations.
Response to Arguments
3. Applicant’s amendment to independent claims 1 and 14 is sufficient to overcome the previous 35 USC § 103 rejection recited in the Non-Final Office Action mailed 07/01/2025.
Applicant’s arguments, see Remarks on Pages 7-8, filed 09/11/2025, with respect to the rejection under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of the current prior art of the record: Nikolla et al. (Impact of bed angle and height on intubation success during simulated endotracheal intubation in the ramped position, 03/13/2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7493484/), Hayashi (JP 2020127890 A), Borgman et al. (U.S. Patent Pub. No. 20190262201), Shi et al. (CN 103099602 A), and Xu (CN 108652897 A).
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 1-4 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nikolla et al. (Impact of bed angle and height on intubation success during simulated endotracheal intubation in the ramped position, 03/13/2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7493484/) in view of Hayashi (JP 2020127890 A) and in further view of Shi et al. (CN 103099602 A) and Borgman et al. (U.S. Patent Pub. No. 20190262201) and Xu (CN 108652897 A).
Regarding claim 1, Nikolla discloses a patient support apparatus (Pages 2/13-4/13 and Figure 1, patient hospital bed for intubation with head section frame moveably coupled to seat section frame) , comprising: a frame (Pages 2/13-4/13 and Figure 1) having a head section Pages 2/13-4/13 and Figure 1) moveably coupled to a seat section (Pages 2/13-4/13 and Figure 1), at least one frame actuator (Pages 2/13-4/13 and Figure 1, frame actuated at different heights off floor) configured to raise and lower the frame relative to a floor, at least one head section actuator (Pages 2/13-4/13 and Figure 1, head frame section actuated at different angles relative to seat section) configured to adjust an angle of the head section relative to the seat section, a patient support surface (Pages 2/13-4/13 and Figure 1, patient laying on upper surface of head section frame and seat section frame) positioned on the frame, a caregiver configured at a head end of the frame (Pages 2/13-4/13 and Figure 1, caregiver at head section for performing intubation).
However, Nikolla fails to explicitly disclose (1) a sensor coupled to the head section and having a field of view directed from the head section toward a caregiver, the sensor configured to detect a presence of a caregiver, and a control circuitry including a processor and a non-transitory memory device, the memory device including instructions that, when executed by the processor, adjust a position of the frame in response to a command from a caregiver, wherein, in response to the command, the control circuitry operates the at least one head section actuator to adjust the angle of the head section relative to the seat section to a predetermined angle, receives a status of the sensor to detect the presence of the caregiver, and operates the at least one frame actuator to adjust a height of the frame based on the height of the caregiver; (2) the sensor having a field of view directed from the head section toward a caregiver positioned behind the head section of the frame; (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the patient support surface including a plurality of bladders, an air source configured to inflate and deflate the plurality of bladders, wherein, in response to the command, the control circuitry further operates the air source to inflate at least one of the plurality of bladders; (5) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Hayashi teaches an analogous patient support apparatus 1 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1, hospital bed frame 1) comprising a sensor 20 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1, infrared sensor 20 for detecting presence of caregiver and adjusting bed height off floor as well as head section 17 angle relative to leg section 18 based on height of caregiver) coupled to the analogous head section 17 (Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14) and having a field of view directed from the analogous head section 17 toward a caregiver positioned at a side of the analogous head section 17 of the analogous frame, the sensor 20 configured to detect a presence of a caregiver at the analogous head end 14 (Page 10/29, Paragraph 1-2, sensor at head end 14 of frame capable of detecting caregiver at head end 14) of the analogous frame 1 (Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1), and a control circuitry (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1, control unit circuitry that includes control processor that receives caregiver information from sensor 20 and then has encoded memory in server to output signal to drive unit 16 to adjust the bed frame 1 heights and angles; thereby the encoded memory within the server is construed as non-transitory as there is a tangible means of information storage with data encoded instruction) including a processor (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) and a non-transitory memory device (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1), the memory device including instructions that, when executed by the processor, adjust a position of the analogous frame 1 in response to a command (Page 2/29, last four paragraphs and Page 5/29, Paragraph 1, button command 16a or voice command by caregiver to begin sensor, processor, server, and drive unit operation) from a caregiver, wherein, in response to the command, the control circuitry operates the at least one analogous head section actuator 16 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to adjust the analogous angle of the analogous head section 17 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) relative to the analogous seat section 18 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to a predetermined angle, receives a status of the sensor 20 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to detect the presence of the caregiver , and operates the at least one analogous frame actuator 16 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to adjust a height of the analogous frame 1 based on the height of the caregiver.
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 apply a known technique to the frame with the caregiver at a head end of the frame of Nikolla ready for improvement to yield predictable results, the known technique comprising adding a sensor coupled to the head section and configured to detect the presence of the caregiver, and a control circuitry including a processor and a non-transitory memory device, the memory device including instructions that, when executed by the processor, adjust a position of the frame in response to a command from a caregiver, wherein, in response to the command, the control circuitry operates the at least one head section actuator to adjust the angle of the head section relative to the seat section to a predetermined angle, receives a status of the sensor to detect the presence of the caregiver, and operates the at least one frame actuator to adjust a height of the frame based on the height of the caregiver, as taught by Hayashi, in order to provide an improved patient support apparatus with an enhanced frame having a sensor and processor control that receive signals of the caregiver and adjustably raise and angle the head and seat sections of the frame the frame accordingly for desirable treatment (Hayashi, Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 5/29, Paragraph 1, Page 11/29, last paragraph), such as during intubation for better treatment provided by the caregiver, as in Nikolla.
However, the combination of Nikolla in view of Hayashi fails to explicitly disclose (2) the sensor having a field of view directed from the head section toward a caregiver positioned behind the head section of the frame; (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the patient support surface including a plurality of bladders, an air source configured to inflate and deflate the plurality of bladders, wherein, in response to the command, the control circuitry further operates the air source to inflate at least one of the plurality of bladders; (5) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
There is no evidence of record that establishes that changing the directional position of the sensor from the side of the head frame to be behind the frame would result in a difference in function of the patient support apparatus of Nikolla in view of Hayashi, since a caregiver is still going to be scanned either way. Further, a person having ordinary skill in the art, being faced with modifying the directional position of the sensor of Nikolla in view of Hayashi would have a reasonable expectation of success in making such a modification and it appears the device patient support apparatus function as intended being given the claimed directional position. Lastly, applicant has not disclosed that the claimed directional position solves any stated problem, simply indicating from the Figures 2-3 the caregiver being sensed from behind, but no reasoning as to any differences in functionality such as when a caregiver is scanned from the side of the head section, and therefore there appears to be no criticality placed on the directional position as claimed such that there is an unexpected result. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the directional position of the sensor of Nikolla in view of Hayashi to face behind the head section as an obvious matter of design choice within the skill of the art; see MPEP 2144.04(VI)(C) rearrangement of parts design choice. Examiner notes that Applicant may overcome this case law rejection by providing criticality to the directional position of the sensor facing behind as opposed to the side. For example, in the next filed remarks, Applicant may recite a criticality of “behind” such as in these endoscopy operations its ideal for caregiver to be standing behind patient so that a caregiver doesn’t have to first go to the side to get scanned and then behind which wastes time and space during operation, ultimately helping overcome this case law rejection and combination of references.
However, the combination of Nikolla in view of Hayashi as modified fails to explicitly disclose (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the patient support surface including a plurality of bladders, an air source configured to inflate and deflate the plurality of bladders, wherein, in response to the command, the control circuitry further operates the air source to inflate at least one of the plurality of bladders; (5) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Shi teaches an analogous sensor (Paragraphs 29 and 64-66, infrared image sensor that scans multiple field of views for forming an image with infrared markings to calculate head to foot height with field of view areas passing above head having no infrared marking) configured to determine a height of a person by scanning until a field of view of the analogous sensor (Paragraphs 29 and 64-66) passes over a head and is no longer detected by the analogous sensor, thereby detecting a height.
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 an operation of the caregiver presence detecting sensor of Nikolla in view of Hayashi, so that the sensor is also configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height, as taught by Shi, in order to provide an improved sensor that applies infrared and graphical calculations to detect and sense the height of a user for accurate measurement (Shi, Paragraphs 29 and 64-66).
However, the combination of Nikolla in view of Hayashi as modified in view of Shi fails to explicitly disclose (4) the patient support surface including a plurality of bladders, an air source configured to inflate and deflate the plurality of bladders, wherein, in response to the command, the control circuitry further operates the air source to inflate at least one of the plurality of bladders; (5) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Borgman teaches an analogous patient support apparatus 10 (Paragraphs 247-249, 260, and 269-270 and Figure 2 and 6, hospital bed 10 for patient) with the analogous patient support surface 200 (Paragraphs 247-249, 260, and 269-270 and Figures 2 and 6, upper surface 200 of hospital bed 10) including a plurality of bladders 30,32 (Paragraphs 247-249, 260, and 269-270 and Figures 2 and 6, air bladders 30,32 to support patient’s body), an air source 260 (Paragraphs 267, 270, and Figures 2, 6 and 10, air blower 260 to inflate/deflate bladders 30,32) configured to inflate and deflate the plurality of bladders 30,32, wherein, in response to the analogous command (Paragraphs 267-270 and Figures 2, 6, and 10, pressing a button 284 to initiate command), the analogous control circuitry (Paragraphs 241-242, 401, 403 and Figures 103-104, control circuitry for operating blower) further operates the air source 260 to inflate at least one of the plurality of bladders 30,32.
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 apply a known technique to the patient support surface and the control circuitry of Nikolla in view of Hayashi in view of Shi ready for improvement to yield predictable results, the known technique comprising a plurality of bladders included in the patient support surface, an air source configured to inflate and deflate the plurality of bladders, wherein, in response to the command, the control circuitry further operates the air source to inflate at least one of the plurality of bladders, as taught by Borgman, in order to provide an improved patient support apparatus with enhanced patient support surface and control circuitry that allows for desirable incremental adjustment and cushioning to the patient as given by inflation and deflation of the bladders for desirable therapy, repositioning, and comfort (Borgman, Paragraphs 247-248, 260, and 267-270).
However, the combination of Nikolla in view of Hayashi as modified in view of Shi in view of Borgman fails to explicitly disclose (5) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Xu teaches an analogous patient support apparatus 10 (Page 4/15, Paragraph 1 and Figure 1, auxiliary examination bed with hydraulic actuator 10 for driving hydraulic rod 16 to increase or decrease height of bed based on controller reading laser height measuring sensor that detects the height of the doctor, adjusting to different heights according to the height of different doctors, and positioning the bed frame 26 to convenient sub-heights for the doctor to perform the patient examination) wherein the at least one analogous frame actuator 10 to adjust a height of the analogous frame 26 based on the analogous detected height of the caregiver so that an axis extending along a longitudinal dimension of the analogous frame 26 is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the analogous detected height.
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 sensor and frame actuator of Nikolla in view of Hayashi in view of Shi in view of Borgman, so that the frame actuator adjusts a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the frame is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height, as taught by Xu, in order to provide an improved patient support apparatus with an enhanced frame actuator and sensor that detects the height of different caregiver adjacent the patient support apparatus via the sensor on the patient support apparatus that provides a longitudinal axis with a sub-height to match the different heights of the many caregivers for direct and automatic individualized actuation and increased operating room convenience (Xu, Page 4/15, Paragraph 1).
Therefore, the combination of Nikolla in view of Hayashi as modified in view of Shi in view of Borgman in view of Xu discloses so that an axis extending along a longitudinal dimension of the head section (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and adjusts bedframe to convenient sub-height based on different doctors’ heights) is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Regarding claim 2, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the predetermined angle comprises a 25 degree angle (Nikolla, Page 4/13, Paragraph 1 and Figure 1, angle between head and seat frame sections is set to 25 degrees).
Regarding claim 3, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the predetermined angle comprises a 45 degree angle (Nikolla, Page 4/13, Paragraph 1 and Figure 1, angle between head and seat frame sections is set to 45 degrees).
Regarding claim 4, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein, in response to the command (Hayashi, Page 2/29, last four paragraphs and Page 5/29, Paragraph 1; Borgman, Paragraphs 267-270 and Figures 2, 6, and 10), the control circuitry (Hayashi, Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1; Borgman, Paragraphs 241-242, 401, 403 and Figures 103-104) further operates the air source 260 (Borgman, Paragraphs 267, 270, and Figures 2, 6 and 10) to inflate the at least one of the plurality of bladders 30,32 (Borgman, Paragraphs 247-249, 260, and 269-270 and Figures 2 and 6) to a maximum volume (Borgman, , Paragraphs Paragraph 269, max inflation volume of bladders 30,32 for maximum firmness to reposition bed).
Regarding claim 6, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the control circuitry (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is configured to determine the sub-height by dividing the detected height (Hayashi, Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1; Shi, Paragraphs 29 and 64-66; Xu, Page 4/15, Paragraph 1) by a golden ratio (Nikolla, Pages 2/13-4/13 and Figure 1, adjusting height of frame so that head of bed axis is at umbilicus of caregiver; see Applicant’s Specification, Paragraph 28, defining “golden ratio” as 1.6… so that head of bed axis at umbilicus of caregiver; Xu, Page 4/15, Paragraph 1, convenient sub-height for examination).
Regarding claim 7, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the sub-height (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is determined so that the axis extending along the longitudinal dimension of the head section is calculated as intersecting with an umbilicus of the caregiver (Nikolla, Pages 2/13-4/13 and Figure 1, adjusting height of frame so that head of bed axis is at umbilicus of caregiver; ; Xu, Page 4/15, Paragraph 1, convenient sub-height for examination).
Regarding claim 8, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the sub-height (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is calculated so that a laryngeal axis of a patient on the patient support surface (Nikolla, Pages 2/13-4/13 and Figure 1, laryngeal axis of patient in vision of caregiver at head end) is aligned with a line of vision of the caregiver.
Regarding claim 9, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the sub-height (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is calculated so that a pharyngeal axis of a patient on the patient support surface (Nikolla, Pages 2/13-4/13 and Figure 1, pharyngeal axis of patient in vision of caregiver at head end) is aligned with a line of vision of the caregiver.
Regarding claim 10, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the sub-height (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is calculated so that an oral axis of a mouth of a patient on the patient support surface (Nikolla, Pages 2/13-4/13 and Figure 1, pharyngeal axis of patient in vision of caregiver at head end) is aligned with a line of vision of the caregiver.
Regarding claim 11, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses an activation button (Hayashi, Page 2/29, last four paragraphs and Page 5/29, Paragraph 1, pressing/actuating button command 16a to initiate operation of bed frame adjustment; Borgman, Paragraphs 267-270 and Figures 2, 6, and 10, pressing/actuating a button 284 to initiate command), wherein the command (Hayashi, Page 2/29, last four paragraphs and Page 5/29, Paragraph 1; Borgman, Paragraphs 267-270 and Figures 2, 6, and 10) from the caregiver is received when the activation button is actuated.
Regarding claim 12, the combination of Nikolla in view of Hayashi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the command (Hayashi, Page 2/29, last four paragraphs and Page 5/29, Paragraph 1; Borgman, Paragraphs 267-270 and Figures 2, 6, and 10) from the caregiver is received when a patient positioned on the patient support surface (Nikolla, Pages 2/13-4/13 and Figure 1, patient laying on upper surface for intubation) requires intubation.
Regarding claim 13, the combination of Nikolla in view of Hayashi in view of Shi in view of Borgman in view of Xu discloses the invention as described above and further discloses wherein the air source 260 (Borgman, Paragraphs 267, 270, and Figures 2, 6 and 10, air blower 260) comprises a blower.
Claims 14-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nikolla et al. (Impact of bed angle and height on intubation success during simulated endotracheal intubation in the ramped position, 03/13/2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7493484/) in view of Hayashi (JP 2020127890 A) and in further view of Shi et al. (CN 103099602 A) and Xu (CN 108652897 A).
Regarding claim 14, Nikolla discloses a patient support apparatus (Pages 2/13-4/13 and Figure 1, patient hospital bed for intubation with head section frame moveably coupled to seat section frame) , comprising: a frame (Pages 2/13-4/13 and Figure 1) having a head section Pages 2/13-4/13 and Figure 1) moveably coupled to a seat section (Pages 2/13-4/13 and Figure 1), at least one frame actuator (Pages 2/13-4/13 and Figure 1, frame actuated at different heights off floor) configured to raise and lower the frame relative to a floor, at least one head section actuator (Pages 2/13-4/13 and Figure 1, head frame section actuated at different angles relative to seat section) configured to adjust an angle of the head section relative to the seat section, a patient support surface (Pages 2/13-4/13 and Figure 1, patient laying on upper surface of head section frame and seat section frame) positioned on the frame, a caregiver configured at a head end of the frame (Pages 2/13-4/13 and Figure 1, caregiver at head section for performing intubation).
However, Nikolla fails to explicitly disclose (1) a sensor coupled to the head section and configured to detect a presence of a caregiver, and a control circuitry including a processor and a non-transitory memory device, the memory device including instructions that, when executed by the processor, adjust a position of the frame in response to a command from a caregiver, wherein, in response to the command, the control circuitry operates the at least one head section actuator to adjust the angle of the head section relative to the seat section to a predetermined angle, receives a status of the sensor to detect the presence of the caregiver, and operates the at least one frame actuator to adjust a height of the frame based on the height of the caregiver; (2) the sensor having a field of view directed from the head section toward a caregiver positioned behind the head section of the frame; (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Hayashi teaches an analogous patient support apparatus 1 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1, hospital bed frame 1) comprising a sensor 20 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1, sensor 20 for detecting presence of caregiver and adjusting bed height off floor as well as head section 17 angle relative to leg section 18 based on height of caregiver) coupled to the analogous head section 17 (Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14) and having a field of view directed from the analogous head section 17 toward a caregiver positioned at a side of the analogous head section 17 of the analogous frame, the sensor 20 configured to detect a presence of a caregiver at the analogous head end 14 (Page 10/29, Paragraph 1-2, sensor at head end 14 of frame capable of detecting caregiver at head end 14) of the analogous frame 1 (Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1), and a control circuitry (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1, control unit circuitry that includes control processor that receives caregiver information from sensor 20 and then has encoded memory in server to output signal to drive unit 16 to adjust the bed frame 1 heights and angles; thereby the encoded memory within the server is construed as non-transitory as there is a tangible means of information storage with data encoded instruction) including a processor (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) and a non-transitory memory device (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1), the memory device including instructions that, when executed by the processor, adjust a position of the analogous frame 1 in response to a command (Page 2/29, last four paragraphs and Page 5/29, Paragraph 1, button command 16a or voice command by caregiver to begin sensor, processor, server, and drive unit operation) from a caregiver, wherein, in response to the command, the control circuitry operates the at least one analogous head section actuator 16 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to adjust the analogous angle of the analogous head section 17 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) relative to the analogous seat section 18 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to a predetermined angle, receives a status of the sensor 20 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to detect the presence of the caregiver, and operates the at least one analogous frame actuator 16 (Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 11/29, last paragraph claim 1, and Figure 1) to adjust a height of the analogous frame 1 based on the height of the caregiver.
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 apply a known technique to the frame with the caregiver at a head end of the frame of Nikolla ready for improvement to yield predictable results, the known technique comprising adding a sensor configured to detect the presence of a caregiver, and a control circuitry including a processor and a non-transitory memory device, the memory device including instructions that, when executed by the processor, adjust a position of the frame in response to a command from a caregiver, wherein, in response to the command, the control circuitry operates the at least one head section actuator to adjust the angle of the head section relative to the seat section to a predetermined angle, receives a status of the sensor to detect the presence of the caregiver, and operates the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver, as taught by Hayashi, in order to provide an improved patient support apparatus with an enhanced frame having a sensor and processor control that receive signals of the caregiver and adjustably raise and angle the head and seat sections of the frame the frame accordingly for desirable treatment (Hayashi, Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 5/29, Paragraph 1, Page 11/29, last paragraph), such as during intubation for better treatment provided by the caregiver, as in Nikolla.
However, the combination of Nikolla in view of Hayashi fails to explicitly disclose(2) the sensor having a field of view directed from the head section toward a caregiver positioned behind the head section of the frame; (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
There is no evidence of record that establishes that changing the directional position of the sensor from the side of the head frame to be behind the frame would result in a difference in function of the patient support apparatus of Nikolla in view of Hayashi, since a caregiver is still going to be scanned either way. Further, a person having ordinary skill in the art, being faced with modifying the directional position of the sensor of Nikolla in view of Hayashi would have a reasonable expectation of success in making such a modification and it appears the device patient support apparatus function as intended being given the claimed directional position. Lastly, applicant has not disclosed that the claimed directional position solves any stated problem, indicating from the Figures 2-3 the caregiver being sensed from behind, but no reasoning as to any differences in functionality such as when a caregiver is scanned from the side of the head section, and therefore there appears to be no criticality placed on the directional position as claimed such that there is an unexpected result. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the directional position of the sensor of Nikolla in view of Hayashi to face behind the head section as an obvious matter of design choice within the skill of the art; see MPEP 2144.04(VI)(C) rearrangement of parts design choice. Examiner notes that Applicant may overcome this case law rejection by providing criticality to the directional position of the sensor facing behind as opposed to the side. For example, in the next filed remarks, Applicant may recite a criticality of “behind” such as in these endoscopy operations its ideal for caregiver to be standing behind patient so that a caregiver doesn’t have to first go to the side to get scanned and then behind which wastes time and space during operation, ultimately helping overcome this case law rejection and combination of references.
However, the combination of Nikolla in view of Hayashi as modified fails to explicitly disclose (3) the sensor configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height; (4) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Shi teaches an analogous sensor (Paragraphs 29 and 64-66, infrared image sensor that scans multiple field of views for forming an image with infrared markings to calculate head to foot height with field of view areas passing above head having no infrared marking) configured to determine a height of a person by scanning until a field of view of the analogous sensor (Paragraphs 29 and 64-66) passes over a head and is no longer detected by the analogous sensor, thereby detecting a height.
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 an operation of the caregiver presence detecting sensor of Nikolla in view of Hayashi, so that the sensor is also configured to determine a height by scanning until a field of view of the sensor passes over a head and is no longer detected by the sensor, thereby detecting a height, as taught by Shi, in order to provide an improved sensor that applies infrared and graphical calculations to detect and sense the height of a user for accurate measurement (Shi, Paragraphs 29 and 64-66).
However, the combination of Nikolla in view of Hayashi as modified in view of Shi fails to explicitly disclose (4) the at least one frame actuator to adjust a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the head section is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Xu teaches an analogous patient support apparatus 10 (Page 4/15, Paragraph 1 and Figure 1, auxiliary examination bed with hydraulic actuator 10 for driving hydraulic rod 16 to increase or decrease height of bed based on controller reading laser height measuring sensor that detects the height of the doctor, adjusting to different heights according to the height of different doctors, and positioning the bed frame 26 to convenient sub-heights for the doctor to perform the patient examination) wherein the at least one analogous frame actuator 10 to adjust a height of the analogous frame 26 based on the analogous detected height of the caregiver so that an axis extending along a longitudinal dimension of the analogous frame 26 is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the analogous detected height.
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 sensor and frame actuator of Nikolla in view of Hayashi in view of Shi, so that the frame actuator adjusts a height of the frame based on the detected height of the caregiver so that an axis extending along a longitudinal dimension of the frame is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height, as taught by Xu, in order to provide an improved patient support apparatus with an enhanced frame actuator and sensor that detects the height of different caregiver adjacent the patient support apparatus via the sensor on the patient support apparatus that provides a longitudinal axis with a sub-height to match the different heights of the many caregivers for direct and automatic individualized actuation and increased operating room convenience (Xu, Page 4/15, Paragraph 1).
Therefore, the combination of Nikolla in view of Hayashi as modified in view of Shi in view of Xu discloses so that an axis extending along a longitudinal dimension of the head section (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and adjusts bedframe to convenient sub-height based on different doctors’ heights) is calculated as intersecting the caregiver's body at a sub-height that is based on a predetermined fraction of the detected height.
Regarding claim 15, the combination of Nikolla in view of Hayashi in view of Shi in view of Xu discloses the invention as described above and further discloses wherein the predetermined angle comprises a 25 and 45 degree angle (Nikolla, Page 4/13, Paragraph 1 and Figure 1, angle between head and seat frame sections is set to 25 degrees and 45 degrees).
Regarding claim 17, the combination of Nikolla in view of Hayashi in view of Shi in view of Xu discloses the invention as described above and further discloses wherein the control circuitry (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is configured to determine the sub-height by dividing the detected height (Hayashi, Page 2/29, last four paragraphs, Page 10/29, Paragraphs 1-2, Page 3/29, Paragraphs 2-4, Page 11/29, last paragraph claim 1, and Figure 1; Shi, Paragraphs 29 and 64-66; Xu, Page 4/15, Paragraph 1) by a golden ratio (Nikolla, Pages 2/13-4/13 and Figure 1, adjusting height of frame so that head of bed axis is at umbilicus of caregiver; see Applicant’s Specification, Paragraph 28, defining “golden ratio” as 1.6… so that head of bed axis at umbilicus of caregiver; Xu, Page 4/15, Paragraph 1, convenient sub-height for examination).
Regarding claim 18, the combination of Nikolla in view of Hayashi in view of Shi in view of Xu discloses the invention as described above and further discloses wherein the sub-height (Hayashi, Page 2/29, last four paragraphs, Page 3/29, Paragraphs 2-4, Page 4/29, last paragraph, Page 10/29, Paragraphs 1-2, Page 11/29, last paragraph claim 1, and Figure 1, laser sensor at head end 14 of frame capable of detecting caregiver at side of the head end 14; Shi, Paragraphs 29 and 64-66, infrared image sensor scans head to foot height with field of view areas passing above head having no infrared marking; Xu, Page 4/15, Paragraph 1, sensor measures height of doctors and controller adjusts bedframe to convenient sub-height based on different doctors’ heights) is determined so that the axis extending along the longitudinal dimension of the head section is calculated as intersecting with an umbilicus of the caregiver (Nikolla, Pages 2/13-4/13 and Figure 1, adjusting height of frame so that head of bed axis is at umbilicus of caregiver; ; Xu, Page 4/15, Paragraph 1, convenient s