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 .
Election/Restrictions
Applicant's election with traverse of species III claims 1, 4-7, 9-12 in the reply filed on 10/24/2025 is acknowledged. The traversal is on the ground(s) that there should be no undue burden to Examiner because the generic claim should be in condition for allowance. This is not found persuasive because the generic claim is not in condition for allowance. As discussed in the previous office action, the species are towards materially distinct structures and arrangement which would require additional searching.
The requirement is still deemed proper and is therefore made FINAL.
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, 4-7 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 4,099,277 hereinafter referred to as Watkins. Watkins discloses:
As per claim 1 a changeable carrying device 10A fig.7 for human body comprising: a base frame 12A fig.7 with a first sliding member 52, 26, 28 fig.1 capable of moving straight; a moving assembly 70 fig.7 pivotally connected with the first sliding member (via 94 fig.7), the moving assembly having a first rod 222 fig.3 and a crank 200, 202 fig.3 with an end pivotally connected with the first rod and with an opposite end pivotally connected with the base frame (via 220 fig.1); a first driving assembly 232 fig.1 for providing power, the power driving the moving assembly to rotate relative to the base frame and to move together with the first sliding member; and a carrying assembly 58 fig.1 for carrying a human body disposed on the moving assembly.
As per claim 4 wherein the base frame includes a supporting rod 26, 28, the first sliding member being movably connected with the supporting rod.
As per claim 5 wherein the base frame includes a pivot joint (see fig.1 aperture used to connect 52, 54 and 56 [column 4 lines 8-12 “the stander 10 also includes a pair of rollers 52, 54 trapped between upper rail 26 and intermediate rail 28 on sides 18, 20, respectively. A roller axle 56 connects roller 52, 54 together for rolling movement between ends 14, 16 of frame assembly 12.”] fixed on the first sliding member, the moving assembly being pivotally connected with the pivot joint.
As per claim 6 wherein the first driving assembly includes a first cylinder 234 fig.3 pivotally connected with the base frame and a first piston rod 242 fig.3 coupled to the first cylinder, one end of the first piston rod being pivotally connected with the first rod (Examiner notes piston rod 242 is secured to yokes 248, 250 which is in turn secured to first rod 222 [column 5 lines 67-68 and column 6 lines 1-10 “Screw 242 is connected to the ends 246 of a pair of yoke arms 248, 250 (FIGS. 3 and 4) by a bolt and nut assembly 252. The lower end 254 of yoke arm 248 is pivotally connected to roller axle 56 between strut 198 and roller 52 and the lower end 256 of yoke arm 250 is pivotally connected to roller axle 56 between strut 196 and roller 54. Each yoke arm 248, 250 is affixed to the underside 258 of transverse bar 222 adjacent ends 246 of arms 248, 250 for transmitting the lifting force exerted by screw 242 to struts 200, 202 while ends 254, 256 of yoke arms 248, 250 pull roller axle 56 and rollers 52, 54 away from rear end 16 of frame assembly 12.”].
As per claim 7 wherein the moving assembly includes a second rod 56 fig.4 parallel to the first rod, the second rod being pivotally connected with the first sliding member (see fig.1).
As per claim 10 wherein the base frame includes a pivot joint (see fig.1 aperture used to connect 52, 54 and 56 [column 4 lines 8-12 “the stander 10 also includes a pair of rollers 52, 54 trapped between upper rail 26 and intermediate rail 28 on sides 18, 20, respectively. A roller axle 56 connects roller 52, 54 together for rolling movement between ends 14, 16 of frame assembly 12.”] fixed on the first sliding member while the moving assembly includes a second rod 56 pivotally connected with the pivot joint.
As per claim 11 wherein the base frame includes a rail 26, 28, the first sliding member being movably connected with the rail.
As per claim 12 wherein the base frame includes a rail 26, 28, the first sliding member being movably connected with the rail.
Allowable Subject Matter
Claim 9 is 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 does not disclose the claimed limitation. The prior arts of Hamid (US2018/0055231A1), Zeng (US2022/0117811A1) and Kauffmann (US6,125,957) discloses similar structure to the claim changeable carrying device for moving a human body between a seating and standing position. However each of the prior art fail to teach a telescopic rod connected to the moving assembly; the foot board being pivotally connected with the moving assembly, one end of the telescopic rod being connected with the back board; wherein the second driving assembly includes a second cylinder and a second piston rod coupled to the second cylinder, one end of the second piston rod being pivotally connected with the back board. For at least this reason claim 9 is believed to overcome the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
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