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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11, 15 and 39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “about” in claim 11 is a relative term which renders the claim indefinite. The term “about 0.3” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In particular, one would not know how much coefficient of friction is “at least about 0.3”.
Claim 15 recites the limitation "the brake" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation “the wheelchair of any of the preceding claims”, however, only claim 12 refers to a wheelchair. Therefore, the limitations lacks antecedent basis. In addition, it is unclear whether claim 15 intends to refer back to claims 1 – 12, as a multiple dependent claim, or only to one claim. Appropriate correction is required.
Claim 39 recites the limitation "the at least one fastening point" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claims 1 – 5, 7 – 12 and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 2002/0043781 A1 to Mitchell.
Regarding claims 1 – 5, 7 – 12 and 15, Mitchell discloses:
[Claim 1] a drivetrain assembly configured to propel a vehicle (wheelchair 10) and to brake rotation of a wheel (wheel 18) supported on an axle of the vehicle, the drivetrain assembly comprising:
a drivetrain (manual propulsion assembly 30); and
a lever (lever arm 36) constructed and arranged in actuating engagement with the drivetrain, the lever defined as user configurable in position relative to the drivetrain at a plurality of fulcrum and/or actuation plane positions (Figs. 2 and 9);
[Claim 2] wherein the drivetrain (manual propulsion assembly 30) is configured to receive the lever (lever arm 36) at a predetermined angle (“movement within a predetermined angular sector”; Paragraph [0012]);
[Claim 3] wherein the lever (lever arm 36) is adjustably receivable along a length of the lever by a socket (slot 74) of the drivetrain (manual propulsion assembly 30);
[Claim 4] wherein the socket (slot 74) is constructed and arranged to receive the lever (lever arm 36) at a predetermined angle (See Fig. 3);
[Claim 5] wherein the socket (slot 74) of the drivetrain (manual propulsion assembly 30) is interchangeable with a first socket defining a first predetermined angle and a second socket (slot 72) defining a second predetermined angle (Angles A, See Figs. 3 and 5);
[Claim 7] further comprising a brake (rubber pads 58 and 60) and wherein the brake is removably receivable by the lever (lever arm 36; all components are removable however they may be destroyed when they are removed);
[Claim 8] wherein the lever (lever arm 36) is constructed and arranged to receive the brake (rubber pads 58 and 60) at two or more positions along its length (an axial component 58a and a radial component 58b; See Figs. 4 and 6; Paragraph [0048]);
[Claim 9] wherein the brake (rubber pads 58 and 60) is defined by a geometry having a plurality of orientations (the engaged or disengaged positions of the brake; Paragraph [0048]);
[Claim 10] wherein the lever (lever arm 36) is made of a first material (the crank web 70 is made of spring steel; Paragraph [0049]) and the brake (rubber pads 58 and 60) is made of a second material;
[Claim 11] wherein the second material (rubber pads 58 and 60 are made of rubber) is defined by a coefficient of friction of at least about 0.3 (the coefficient of friction against other solids is 1 – 4; Machinery’s Handbook, 32nd Edition, Page 169); and
[Claim 12] a wheelchair (10) comprising the assembly of claim 1.
Regarding claim 15, Mitchel discloses a method of facilitating operation of a wheelchair (10) by a user, comprising:
providing the wheelchair (10) of any of the preceding claims (the wheelchair of claim 12; see rejection of claim 12 above and see related 35 USC 112b discussion above); and
performing one or more steps of:
adjusting an angle at which the lever (lever arm 36) is received by the drivetrain (manual propulsion assembly 30; Fig. 9; Paragraph [0023]);
adjusting a longitudinal position at which the lever is received by the drivetrain (crank web 70 is adjustable longitudinally when inserted from one slot 74 to a second slot 72; See Figs. 3, 5 and 6; Paragraph [0050]); and
adjusting an angle of engagement for the brake (rubber pads 58 and 60; moving the handgrips 68/168 inward to engage the brakes whether the handgrip is in a forward or a rearward position; Paragraphs [0051] and [0059]).
Allowable Subject Matter
Claims 21, 30, 32 – 34, and 38 – 40 are allowable.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 21, Mitchell discloses a drivetrain assembly configured to propel a vehicle (wheelchair 10) and to brake rotation of a wheel supported on an axle of the vehicle, as claimed. Mitchell does not disclose,
a plurality of mounting holes toward a middle of the main body, and an outwardly extending pin toward a second end of the main body, the pin being configured to allow relative longitudinal movement of the socket and the main body of the lever when the pin is received in the longitudinal slot of the socket and the pin being configured to prevent relative longitudinal movement of the socket and the main body of the lever when the pin is received in the transverse slot of the socket;
a brake bar selectively securable at one of the plurality of mounting holes, the brake bar being made of a second material different than the first material; and
mounting hardware configured to secure the brake bar to the main body at the one of the plurality of mounting holes. Claims 30, 32 – 34 and 38 – 40 depend from claim 21, and therefore, are also allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3,869,146 A to Bulmer Occupant actuated means for propelling, stopping, directing, and curb hopping a wheelchair.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611