DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendments filed December 15th, 2025 have been entered. Claims 1, and 43-57 remain pending in the application. Applicant’s amendments to the claims have overcome each and every Specification Objection previously set forth in the Non-Final Office Action mailed September 16th, 2025 and are hereby withdrawn in light of their correction.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, and 44-57 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Turner (U.S. Pub. No. 20080011545).
Regarding claim 1, Turner discloses (FIGS. 3-9) a body support sling for supporting a patient while said body support sling is worn by the patient (as illustrated in FIG. 1-9), the body support sling comprising; a leg support portion (correspondent to 16; FIG. 6) supporting thighs of a supported patient (as illustrated in FIG. 6); a torso support portion (Correspondent 10; FIG. 6) wrapping around a torso of the supported patient to support the torso of the supported patient (as illustrated in FIG. 3 and 6); and a connecting portion (correspondent 12 and 14; FIG. 6), wherein the connecting portion comprises a front pair of suspension straps (correspondent 12; FIG. 6) and a rear pair of suspension straps (Correspondent 14; FIG. 6), wherein the rear pair of suspension straps are attached to the torso support portion (as illustrated in connection to at least 34; FIG. 3 and 6-7) and extend behind the supported patient (As illustrated in FIGS. 3 and 6-7) and the front pair of suspension straps are attached to the torso support portion (indirectly through the combinate connections of 71 and 20; FIGS. 3) and extend in front of the supported patient (As illustrated and conveyed between FIG. 3-9), wherein the leg support portion comprises a first leg support member (left 16; FIG. 6) and a second leg support member (right 16; FIG. 6) each configured to wrap around a respective thigh of the supported patient (As illustrated in FIG. 3, and 6), respectively, and wherein the first leg support member and the second leg support member each comprises a torso attachment portion (correspondent 96/98; FIG. 6-7 and loop attachments 106; FIG. 7) attached to the torso support portion (As demonstrated and further conveyed/expounded upon in FIG. 6 and 7); wherein the torso support portion comprises a guiding arrangement (71 or alternatively 32; FIG. 6-7), wherein the front pair of suspension straps slide through said guiding arrangement for securing a position of the front pair of suspension straps in front of the supported patient (as illustrated in FIG. 1 and 6).
Additionally, it is considered for the instant claim and those hereafter that it has been previously held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987). Such will apply to the manner invention is used in appropriate instances (e.g. “while said body support sling is worn by the supported patient” “supporting the thighs of a supported patient” “wrapping around the torso of the supported patient” “extend behind the supported patient” “extend in front of the supported patient”, and similar will apply hereafter to analogous limitations of those concerning intended use and adapted to limitations).
Regarding claim 44, Turner discloses (FIGS. 1-9) the body support sling according to claim 1, wherein the first leg support member and the second leg support member each has an upper edge (as illustrated in FIG.4- 6) inclined from a first higher position proximal to an outer side of the thigh of the supported patient to a second lower position proximal to an inner side of the thigh of the supported patient (as illustrated between FIGS. 1, 3, and 6, where [0042] acknowledges the ability to so incline by adjusting the length of 96; [0042]: “the distance between the leg loops 16 and the harness 10 optionally may be adjustable”).
Regarding claim 45, Turner discloses (FIGS. 1-9) the body support sling to claim 1, wherein the torso attachment portion of the first leg support member and the second leg support member each extend at an angle towards the back of the thighs of the supported patient when the sling is worn by the supported patient (As illustrated in FIG. 6, both at an angle and toward the back).
Regarding claim 46, Turner discloses (FIGS. 1-9) the body support sling according to claim 1, wherein the first and second leg support member each comprise a thigh-wrapping portion (as eminently illustrated in FIGS. 1 and particularly 4-5) wrapping around the thigh of the supported patient (As illustrated in FIG. 1 and 6), whereby the torso attachment portion of the first leg support member extends from the thigh-wrapping portion of the first leg support member to the torso support portion and the torso attachment portion of the second leg support member extends from the thigh-wrapping portion of the second support member to the torso support portion (as eminently demonstrated in FIGS. 6-7), and wherein the thigh-wrapping portions are padded (58; FIG. 5) and the torso attachment portions are unpadded (as illustrated in FIG. 5-7 as straps).
Regarding claim 47, Turner discloses (FIGS. 1-9) the body support sling according to claim 1, comprising a first connecting strap (left 12; FIG. 6) connected to the first leg support member and the torso support portion and a second connecting strap (right 12; FIG. 6) connected to the second leg support member and the torso support portion (either indirectly through 71 or as set forth in [0052] prior), whereby the first and second connecting strap extend in front of the supported patient.
Regarding claim 48, Turner discloses (FIGS. 1-9) the body support sling according to claim 47, wherein the first and second connecting strap each comprises a rigid element (64/66; FIG. 1-3), said rigid element configured to be connected to an external supported patient hoist (correspondent 33/35 as illustrated in FIGS. 1-3, where [0048] clarifies “opposite end of which can be secured to an anchor 33 on an elevated structure 35” where a hoist is understood to be “an apparatus (such as a tackle or a hydraulic lift) for lifting or raising : an apparatus for hoisting” and a tackle is understood as “an apparatus (such as a tackle or a hydraulic lift) for lifting or raising : an apparatus for hoisting” Merriam Webster: “hoist”: noun and “tackle”: noun; respectfully Turner avails this definition by a tackle on an elevating structure that raises an individual thereupon).
Regarding claim 49, Turner discloses (FIGS. 1-9) the body support sling according to the claim 1, wherein a first front suspension strap of the front pair of suspension straps is attached to an attachment point of the first leg support member (through left 56; FIG. 6) and a second front suspension strap of the front pair of suspension straps is attached to an attachment point of the second leg support member (through right 56; FIG. 6).
Regarding claim 50, Turner discloses (FIGS. 1-9) the body support sling according to claim 1, wherein the torso support portion has a back portion (correspondent rear portions 10 and adjoint tackle/buckles thereof in FIG. 7) providing back support to the supported patient (as illustrated in FIG. 7 and 8B and 9).
Regarding claim 51, Turner discloses (FIGS. 1-9) the body support sling according to claim 50, wherein the rear pair of suspension straps are attached to a common attachment point (correspondent 74/84/86; as illustrated between FIGS. 7, 8B, and 9) on the back portion of the torso support portion (As illustrated in FIG. 7-9).
Regarding claim 52, Turner discloses (FIGS. 1-9) the body support sling according to claim 51, wherein the rear pair of suspension straps are arranged in a V-configuration from the common attachment point (as illustrated in FIG. 7-9).
Regarding claim 53, Turner discloses (FIGS. 1-9) the body support sling according to claim 50, wherein the back portion of the torso support portion has a concave shape (As illustrated between FIGS. 6-7, the back portion clearly is concave as it wraps behind the user).
Regarding claim 54, Turner discloses (FIGS. 1-9) the body support sling according to claim 1, further comprising a chest strap (correspondent the front crossing members of 22 and 26) connecting the front pair of suspension straps (indirectly through 71, and through 32, or alternatively as [0052] clarifies).
Regarding claim 55, Turner discloses (FIGS. 1-9) the body support sling according to claim 54, wherein the chest strap is adjustable to alter a distance between the front pair of suspension straps (as clarified in [0031]: “Optionally, guide rings 32 can be located on the harness front, for example adjacent the hips. The guide rings 32 can be generally ring-shape structures having an aperture for connecting a lanyard and slots through which straps 22, 24 extend” establishing that multiple configurations and thus sizes and lengths between the straps can be achieved in operation).
Regarding claim 56, Turner discloses (FIGS. 1-9) the body support sling according to claim 55, wherein the chest strap is adjustable along the length of the front pair of suspension straps (as set forth by [0031]/[0032] and [0052] establish alternate configurations that can alter the size of the torso harness and thus the relationship of dimensions between the front pair of suspension straps).
Regarding claim 57, Turner discloses (FIGS. 1-9) the body support sling according to claim 54, wherein the chest strap is adjustable along a length of the front pair of suspension straps (as set forth by [0031]/[0032] and [0052] establishing alternate configurations in operation of the device that can alter the size of the torso harness and thus the relationship of dimensions between the front pair of suspension straps).
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.
In the alternate, Claim(s) 1, and 44-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner in view of Wolner et al. (U.S. Pub. No. 20060048998); hereafter “Wolner”.
Regarding claim 1, Turner discloses (FIGS. 3-9) a body support sling for supporting a patient while said body support sling is worn by the patient (as illustrated in FIG. 1-9), the body support sling comprising; a leg support portion (correspondent to 16; FIG. 6) supporting thighs of a supported patient (as illustrated in FIG. 6); a torso support portion (Correspondent 10; FIG. 6) wrapping around a torso of the supported patient to support the torso of the supported patient (as illustrated in FIG. 3 and 6); and a connecting portion (correspondent 12 and 14; FIG. 6), wherein the connecting portion comprises a front pair of suspension straps (correspondent 12; FIG. 6) and a rear pair of suspension straps (Correspondent 14; FIG. 6), wherein the rear pair of suspension straps are attached to the torso support portion (as illustrated in connection to at least 34; FIG. 3 and 6-7) and extend behind the supported patient (As illustrated in FIGS. 3 and 6-7) and the front pair of suspension straps are attached to the torso support portion (indirectly through the combinate connections of 71 and 20; FIGS. 3) and extend in front of the supported patient (As illustrated and conveyed between FIG. 3-9), wherein the leg support portion comprises a first leg support member (left 16; FIG. 6) and a second leg support member (right 16; FIG. 6) each configured to wrap around a respective thigh of the supported patient (As illustrated in FIG. 3, and 6), respectively, and wherein the first leg support member and the second leg support member each comprises a torso attachment portion (correspondent 96/98; FIG. 6-7 and loop attachments 106; FIG. 7) attached to the torso support portion (As demonstrated and further conveyed/expounded upon in FIG. 6 and 7); wherein the torso support portion comprises a guiding arrangement (71 or alternatively 32; FIG. 6-7), wherein the front pair of suspension straps slide through said guiding arrangement for securing a position of the front pair of suspension straps in front of the supported patient (as illustrated in FIG. 1 and 6).
However, it is considered in the alternate, that neither 71 or 32 are explicitly slide through said guiding straps as an active use of the inventio, where patentable weight may be considered (as a possible ‘configured to’ consideration).
Regardless, Wolner teaches (FIGS. 4-10m and 13-19), a body sling (As illustrated in FIGS. 10), wherein the torso support portion comprises a guiding arrangement (210, “housing”; FIG. 9, defined in [0041]-[0041]), wherein a front pair of suspension straps (300/301; FIG. 9-10 ) slide through said guiding arrangement for securing a position of the front pair of suspension straps in front of the supported patient. Where [0040]-[0041] acknowledge “The housing 210 is preferably similarly constructed as described with regard to housing 110… suspension trauma relief strap assembly 300 includes a strap 301 and a housing”.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated sliding the straps through the housing/D rings of Wolner into sliding the straps of Turner more explicitly than [0031] of Turner expresses. Where the results would have been predictable as both Wolner and Tuner are concerned with safety harnesses with a plurality of straps, fasteners/rings/housings and an overhead support. Where Wolner particularly acknowledges such configurations of buckles/rings/housings enables “A worker donning the full body harness is suspended in a relatively upright position by the dorsal D-ring when a fall occurs” [0009] and recognizes [0003] “Orthostatic intolerance, also commonly referred to as "suspension trauma", may include symptoms such as light-headedness, breathlessness, palpitations, tremulousness, poor concentration, fatigue, nausea, dizziness, headache, sweating, paleness, increased or unusually low heart rate, unusually low blood pressure, loss of vision, weakness, and faintness. While in a sedentary position, blood can accumulate in the veins, commonly referred to as "venous pooling," and cause orthostatic intolerance”, where Turner similarly identifies concern for venous pooling ([0004]). But Wolner further acknowledges that the invention provides “forming a sling providing a surface upon which a worker may stand to relieve suspension trauma from pressure on the worker's body by the full body harness.” Which would improve the overall handling and pulling of the torso harness on the subjects body and improve the comfort and reduce stress thereon as Wolner explicitly acknowledges.
It is considered in the interest of compact prosecution and conciseness that the combination of Wolner into Turner is to either consider the use of Turner’s already present 32 rings as previously considered, or the incorporation of Wolners guiding arrangements into Turner, wherein the dependent claims 44-57 would be synonymously rejected as they have been under 102 Rejections previously.
Response to Arguments
Applicant’s arguments, see Remarks (pages 8-14), filed December 15th, 2025, with respect to Specification/Abstract Objections have been fully considered and are persuasive. The Specification/Abstract Objections of September 16th, 2025 has been withdrawn.
Applicant's arguments filed December 15th, 2025 have been fully considered but they are not persuasive.
Particularly, applicant alleges (remarks: pages 8-12) that the identified front straps are 14 and the rear straps are 12, however examiner has respectfully identified straps 12 as the front and 14 as the rear due in part to the arrangement clearly eminently portrayed in FIGS. 3-9 of Turner that locate 12 as the front and 14 as the rear. It is further respectfully considered that the limitations that applicant appears to rely upon. Although examiner acknowledges the amendments to predominantly obviate the matter of ‘adapted to”, it’s still considered that active verbiage limitations such as “slide through said guiding arrangement for securing a position of the front pair of suspension straps in front of the user” “attached to the torso portion and extend behind the support patient” “while said body sling is worn by the patient” “supporting thighs” “wrapping around a torso of the supported patient” and others appear to be functionally analogous and would respectfully appear to be intended use of the invention. The claim not being directed to a method the limitations would present no patentable weight analogous to the previous. Otherwise, the claim may necessitate a matter 112(b) directed to whether the apparatus or the method of using the apparatus is being claimed. However, in the interest of compact prosecution and the amendments identifying the apparatus “body support sling” as the preamble of the claims independent and dependent, examiner has construed that the claims are considered an apparatus claim and thus intended uses of the invention are not granted patentable weight. It is respectfully recommended to consider “configured to” language as applicant facilicated for at least one limitation previously under ‘adapted to’ considerations.
For this reason, claims 1, 44-57 are maintained to be rejected under 102 as previously set forth at least in the previous alternate consideration.
However, in the full interest of compact prosecution, examiner does consider the claims as though they are written in a ‘configured to’ capacity and not merely intended use, and examiner considers the combination of Turner in view of Wolner in light of applicant’s amendments and additional construing considerations, and would therefore otherwise render arguments moot. However, because applicant still presents intended use language examiner respectfully also maintains the previous 102 rejections and reasons and rationale thereof. However Examiner is additionally presenting 103 grounds in light of applicant’s amendments and additional construing considerations in the interest of compact prosecution.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
Prosecution Insights