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 .
Claims 1, 3, 5-16 and 18-20 are pending in the application. Claims 2, 4 and 17 have been canceled. No newly added claims presented.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5-10, 14 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,255,934 hereinafter referred to as Wilson.
As per claim 1 Wilson discloses a lift assist device 10 fig.1 for assisting vertical movement of a human comprising: a first handle 38 fig.1 for gripping by a first human hand; a second handle 38 fig.1 for gripping by a second human hand; a first leg 11 fig.1 for contacting a ground surface; a second leg 11 for contacting a ground surface; a frame 12 fig.1 spanning a vertical distance between said first and said second handles and said first and said second legs, said frame providing structural rigidity to said lift assist device, said structural rigidity being provided to support weight of a human user; a lift member 31, 32 fig.6 which is raisable in a direction away from the ground and which is lowerable in a direction which is towards the ground, said lift member being structurally configured to raise and lower under mechanical and not human power 86 fig.6 and provided for assisting vertical movement of a human user away from or towards the ground; a mechanical device 81 fig.6 operably connected to said lift member for raising and lowering said lift member; wherein said mechanical device comprises at least one linear actuator 81-86 fig.6; wherein said lift member is structurally configured and operable to support a portion of the mass of a human user so that a human user is assisted, when said lift member is operated in a raised direction, in an upwards human movement away from the ground and is also operable to support a portion of the mass of a human user so that a human user is assisted, when said lift member is operated in a lowered direction, in an downwards human movement toward the ground (see fig. 1 & 2), and wherein a lever 37 fig.7 connected between said at least one linear actuator and one of said frame or said lift member to provide mechanical advantage to the lifting force of said linear actuator.
As per claim 3 further including a mechanical device 81 operably connected to said lift member for raising and lowering said lift member, said mechanical device being structurally configured to provide mechanical advantage to any force applied to raise or lower said lift member.
As per claim 5 wherein a first end of said at least one linear actuator is operably connected to said frame (via 17, 21, 23, 18 fig.3 and fig.12-13) and a second end of said at least one linear actuator is operably connected to said lift member (via 37 fig.3); and wherein when said at least one linear actuator is caused to extend, said lift member is caused to raise away from the ground (see fig.2), and when said at least one linear actuator is caused to retract, said lift member is caused to lower towards the ground (see fig.1).
As per claim 6 wherein said at least one linear actuator is a type selected from the group consisting of a hydraulic linear actuator and an electric linear actuator [see column 8 lines 12-15 “This power supply 87 includes a conventional power source such as a 12-volt battery, the latter being coupled through suitable cables and separable connections, all of a conventional nature, to the drive motor 86.”].
As per claim 7 further including a linear actuator 81-86 fig.6 for raising and lowering said lift member and wherein said lift member comprises a seat surface 13 fig.1 for a human to sit on.
As per claim 8 further including a linear actuator 81-86 fig.6 for raising and lowering said lift member and wherein said lift member comprises a handle surface 102 fig.9 for a human to grip.
As per claim 9 wherein said lift member comprises a seat surface 13 for a human to sit on and further including at least a first wheel 19 fig.1 and a second wheel 22 fig.2, each of said first and said second wheels operably connected to said lift assist device and located such that said first and said second wheels are in contact with the ground when said lift assist device is located on a ground surface; and wherein said first and said second wheels aid in locomoting said lift assist device on ground surfaces.
As per claim 10 further including a human operable switch 92 fig.3 for selectively operating said lift assist device, by causing said linear actuator to selectively extend or retract, such that said lift member, alternately, raises or lowers away from or towards a ground surface.
As per claim 14 further including at least a first wheel 19’ fig.9 and a second wheel 19’, each of said first and said second wheels operably connected to said lift assist device and located such that said first and said second wheels are in contact with the ground when said lift assist device is located on a ground surface; said first and said second wheels being configured to aid in locomoting said lift assist device on ground surfaces; and further including at least one motor 105 fig.11 to operate said first and said second wheels to drive said lift assist device to a human user located physically distant from said lift assist device.
As per claim 18 further including at least a second linear actuator 32 81 fig.6 operably connected to said frame at a first end and operably connected to said lift member at a second end; and wherein said first linear actuator is located on a first side of said frame and said second linear actuator is located on a second side of said frame opposite said first side (see fig.1 & 6).
As per claim 19 wherein said lift assist device is a hybrid walker (the structure of the apparatus allows it to be used as a walker) and fall recovery device (the structure of the apparatus allows it to be used to lift a person off the ground) which is configured to include a structurally vacant standing space (see fig. 3) for a human user between said first and said second handles, and wherein said first and said second handles are located at a height such that a human user can utilize said lift assist device as a walk- assist device (see fig.3).
As per claim 20 wherein said lift assist device is a hybrid wheeled walker (the structure of the apparatus allows it to be used as a walker) and fall recovery device (the structure of the apparatus allows it to be used to lift a person off the ground) wherein said lift member comprises a seat surface 52 fig.1 for a human to sit on and further including at least a first wheel 19 and a second wheel 19, each of said first and said second wheels operably connected to said lift assist device and located such that said first and said second wheels are in contact with the ground when said lift assist device is located on a ground surface; and wherein said first and said second wheels aid in locomoting said lift assist device on ground surfaces.
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.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson in view of US Patent Publication US2003/0011228A1 hereinafter referred to as Komura.
Re-Claim 11
Wilson disclose the claimed apparatus however does not discloses further including one or more brake mechanisms which engage to prevent rotation of said first and said second wheels when a threshold downward force, applied to said lift assist device, is exceeded.
Komura teaches a lift assist device 10 fig.1 including one or more brake mechanisms B fig.9 which engage to prevent rotation of said first and said second wheels when a threshold downward force, applied to said lift assist device, is exceeded [0054 and 0058 The brakes are engaged to prevent rotation of the wheels when a min downward force threshold is exceeded (extending beyond limit by being below the limit.)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the lift assist device of Wilson and the automatic brake system of Komura and with a reasonable expectation of success arrived at a lift assist device having an automatic brake system. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of preventing falling when sits on and stands from the device as taught by Komura [0058].
Re-Claim 12
Wilson as modified by Komura above discloses,
including a battery for supplying power to operate said linear actuator to extend or retract [column 8 lines 12-15 Wilson], and wherein said linear actuator is structurally configured such that if battery power supplied to said linear actuator is lost, said linear actuator remains extended to its length as it existed immediately prior to battery power loss [column 8 lines 1-2 permit powering of the drive motor 86, the base assembly mounts thereon a power supply 87 Wilson (the linear actuator is only drive when power is permitted from the power supply)].
Re-Claim 13
Wilson as modified by Komura above discloses,
Wilson discloses further including a remote switch 92 fig.3 for selectively operating said lift assist device from a location distanced from said lift assist device (because of wire 93 fig.3), by causing said linear actuator to selectively extend or retract, such that said lift member, alternately, raises or lowers away from or towards a ground surface, said remote switch communicating with said lift assist device utilizing a mechanism 91 fig.3 selected from the group consisting of a wired connection 93 fig.3 and a wireless connection.
Allowable Subject Matter
Claims 15 & 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record individually and/or in combination does not disclose the claimed lifting assist device further including a tracking device for affixing to a human user; said lift assist device further including a tracking device locator, said tracking device locator being provisioned to locate said tracking device; and a control unit for controlling a direction of travel of said lift assist device and for controlling said lift assist device to drive to a human user located physically distant therefrom, utilizing a location of a human user determined by locating said tracking device with said tracking device locator to determine a target drive location, when the human user needs mobility assistance or lift assistance. Such a system and function is not disclose in the prior art of record. For at least that reason the claim is considered in condition for allowance.
Response to Arguments
Applicant's arguments filed 09/05/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art of Wilson does not discloses “wherein a lever is connected between said at least one liner actuator and one of the said frame or said lift member to provide mechanical advantage to the lifting force of said linear actuator”. Examiner respectfully disagrees in Wilson the lever 37 is arranged between the linear actuator 81-85 and the frame 12. Wilson explains that the lever 37 is attached to the members 37 and 31 “Each upper post 34, at the free upper end thereof, mounts a bracket 37 which is rigidly attached to the forward end of a seat support arm 38, which support arm projects rearwardly in a cantilevered fashion along the side of the chair so as to terminate in a free end 39”. Wilson also discloses that there is a roller 35 fig.7 attached at the end of member 34 this attachment relationship provides the claimed mechanical advantage as claimed “The upper and lower support posts 34 and 33, respectively, are each preferably of tubular construction so as to maximize the strength thereof, and the upper post 34 at the lower front side thereof carries a first guide roller 35 which vertically rollingly moves along the inside front wall of the lower post 33. This lower post 33 in turn mounts a further guide roller 36 at the upper end thereof for rolling engagement with the rear exterior side of the upper post 34. These rollers facilitate free vertical displacement of the upper post 34 during raising and lowering, and at the same time provide for maximum resistance to the load-imposed moments imposed on the lower post by the upper post when the wheelchair has an occupant supported therein. “.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673