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 .
Status of Claims
This office action is in response to the claims filed on 7/13/2023. Claims 1-2 are presently pending in this application.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “2” has been used to designate both a cradle in fig. 1 and typical home living room coffee table in fig. 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The specification cannot include other parts of the application, where page 3 contains the claim sheet. Based on the page number of the claims, it appears that the claims are included in the specification instead of being part of a separate sheet. See the “Arrangement of the Specification” section below.
The specification includes section headings which are in bold text. Section headings are required to be in all upper-case font with no underlined or bold text. See MPEP 37 C.F.R. 1.154(c).
Appropriate correction is required.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains phrases that are implied (i.e., the term “This invention pertains” in line 1 of the abstract). Correction is required. See MPEP § 608.01(b).
The abstract of the disclosure is objected to because it contains over 150 words. See MPEP § 608.01(b).
Claim Objections
Claim 2 is objected to because of the following informalities:
In claim 2, line 1, the term “An apparatus” is suggested to be changed to --The apparatus-- in order to clarify the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation is:
The limitation of an “apparatus to repeatedly raise and lower a body member from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits” (claim 1, lines 1-3, the term “apparatus” is a generic placeholder and the function is “to repeatedly raise and lower a body member from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits”)
The limitation of a “lift apparatus to suspend the sling” (claim 2, lines 2-3, the term “apparatus” is a generic placeholder and the function is “lift” and “to suspend the sling”).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“apparatus” (claim 1): apparatus which comprises telescoping sling support rods 1, supported by a cradle 2, the cradle is affixed to the top of a motorized scissor lift assembly 3, the scissor lift assembly is actuated by a linear actuator 4 according to fig. 1, page 4 of the specification or the apparatus integrated into the design of a typical home living room coffee table 2, sling 1 and guarding material 3 in fig. 2 and page 4 of the specification.
lift apparatus (claim 2)”: unclear if the lift apparatus is referring to the motorized scissor lift assembly 3 in fig. 1, page 4 of the specification or the scissor lift in fig. 2 and page 4 of the specification or the cradle (2) in fig. 1, or the cradle and the scissor lift, or a different corresponding structure, the specification fails to clearly link the corresponding structure to the lift apparatus. See the 112(b) rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 1, lines 1-2 recites “An apparatus to repeatedly raise and lower a body member from an elevation above the heart to an elevation below the heart”. Lines 1-2 of page 2 of the applicant’s specification recites “A Blood Flow Enhancement Apparatus was developed to integrate into household furniture, such as a typical living room table”.
The claim is not enabling as it is written as a single means claim. As such, the claim covers every conceivable means for achieving the claimed functions while the specification discloses at most only those means known to the inventor. Thus, one having ordinary skill in the art could not make or use the invention from the disclosure coupled with information known in the art to arrive at every conceivable way of achieving the claimed results without undue experimentation. See In re Hyatt, 708 F.2d 712, 714-715, 218 USPQ 195, 197.
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 1-2 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the claim is indefinite because there is either no structure or insufficient structure, for the “apparatus” of line 1 of the claim, to support the functional recitations of “repeatedly raise and lower a body member from an elevation above the heart to an elevation below the heart”, as recited in lines 1-2 of the claim. The mere recitation of an “apparatus” is insufficient structure to produce the claimed functional limitations. Furthermore, the claim is indefinite since no transitional phrase is recited, see MPEP 2111.03. Furthermore, line 1 recites “the heart” which lacks proper antecedent basis. Line 3 recites the term “other medical and health benefits” and it is unclear what the metes and bounds are for the term. Furthermore, the limitation “to improve healing, performance, and aesthetics, in addition to other medical and health benefits” (claim 1, lines 2-3) is unclear as to what the improvement is relative to. Furthermore, the limitation “a body member” is unclear if the applicant is claiming a structural limitation of the apparatus or of a patient/user or of a different structure.
Regarding claim 2, the limitation “An apparatus as in claim 1, comprising: a sling to support the body member; a lift apparatus to suspend the sling incorporated into a household table” (lines 1-2) is unclear as to what the structural relationship between the apparatus and the household table is and it is unclear as to what structure is incorporated into a household table, the apparatus, the sling or the lift apparatus.
Claim limitation “lift apparatus” (claim 2, line 1) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is silent regarding the term “lift apparatus”, it is unclear if the lift apparatus is referring to the scissor lift, or the cradle, or both the cradle and the scissor lift, or the linear actuator. The specification does not clearly link the structure that corresponds to the lift apparatus. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 1-2, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (2,796,861).
Regarding claim 1, Smith discloses an apparatus (entire apparatus shown in fig. 1) to repeatedly raise and lower a body member (body member such as the legs that are being raised and lowered, see fig. 1) from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits (see fig. 1 and col 1, lines 15-26 and see col 1, line 48 to col 2, line 55, Smith discloses that the invention relates to lifting the outer extremity of a person’s leg or arm, suitably supported, so that the blood drains toward the heart, then rapidly lowering it to force the blood into the leg or arm by centrifugal force and repeating this operation at frequent intervals, furthermore, as shown in the fig. 1, the raised/lifted leg comprises toes that are at an elevation higher than the heart or portion of the heart, the movements of the leg below and above the heart would enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits in the same manner as the applicant’s claimed invention).
Regarding claim 2, Smith discloses a sling (10 and 32, fig. 1, col 1, line 52 to col 2, line 55) to support the body member (see fig. 1); a lift apparatus (24, 27, 28, 29, 30, 40, 16, 18, 20, 27, 11, 47, 15, 12, 23, 43, 46, 49, 41, 45, 50, 42, fig. 1, see col 1,line 52 to col 3, line 14) to suspend the sling incorporated into a household table (13, 2 and 3, fig. 1, see col 1, lines 64-70, Smith discloses a bench that is in the shape of a table, therefore, can be placed in a house to be a household table, it is noted that the term “household” is dependent on where the table is being placed, any table can be considered as a household table when the table is placed in a house, alternatively, the apparatus of Smith can be placed next to a household table separate from the apparatus of Smith, thereby, incorporating the apparatus with the household table).
Claims 1-2, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phillips (6,592,502).
Regarding claim 1, Phillips discloses an apparatus (entire apparatus shown in fig. 1) to repeatedly raise and lower a body member (body member such as the legs that are being raised and lowered, see fig. 1) from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits (see fig. 1, col 13, lines 36-47, Phillips discloses that the limbs are worked both above and below the plane of the torso and discloses in col 26, line 56 to col 27, line 9, Philips discloses that the legs and arms are worked both above and below torso height and it is possible to utilize relatively long stride lengths in conjunction with repetition rates as high as 120 strikes per minute or even higher, the movements of the legs and arms below and above the torso would enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits in the same manner as the applicant’s claimed invention).
Regarding claim 2, Phillips discloses a sling (arm and foot straps 52 and 54 comprising hooks 58, see fig. 1, col 25, line 54 to col 26, line 36) to support the body member (see hand and foot being supported by 52 and 54 in fig. 1); a lift apparatus (28a, 28b, 56, 16, 14, 56, 26a, 26b, 24, 36, 30, 36, 37, 102, 100, 136, 104, 40, 38, 47, 34, 18, see fig. 1, see col 25, line 23 to col 28, line 44) to suspend the sling incorporated into a household table (90, fig. 1, as shown, the lift apparatus is incorporated into the table 90 since the table 90 and the lift apparatus are used as a system, furthermore, the table 90 is capable of being placed in a house, therefore, a household table, it is noted that the term “household” is dependent on where the table is being placed, any table can be considered as a household table when the table is placed in a house, alternatively, the apparatus of Phillips can be placed next to a household table separate from the apparatus of Phillips, thereby, incorporating the apparatus with the household table).
Claims 1-2, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (2017/0252253).
Regarding claim 1, Kim discloses an apparatus (entire device shown in fig. 2) to repeatedly raise and lower a body member (leg of the patient, see figs. 8, 10, and 13) from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits (see figs. 8, 10 and 13 and paragraphs 0015, 0077-0078, 0080-0087, Kim discloses the step of raising the foot of the user higher than the heart and lower than the heart as shown, and the steps can be repeated, therefore, would enhance circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits in the same manner as the claimed invention).
Regarding claim 2, Kim discloses a sling (73 comprising 73a and 73b, see fig. 2, paragraphs 0058-0059 and 0072) to support the body member (see figs. 8, 10 and 13); a lift apparatus (80, fig. 6, paragraphs 0065, 0070-0071 and 0075-0076) to suspend the sling incorporated into a household table (overall, the body support 70 and 50 forms a massage table, that can be placed in a house, therefore, a household table, it is noted that the term “household” is dependent on where the table is being placed, any table can be considered as a household table when the table is placed in a house, alternatively, the apparatus of Kim can be placed next to a household table separate from the apparatus of Kim, thereby, incorporating the apparatus with the household table).
Claims 1 and 2, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 101383421).
Regarding claim 1, Lee discloses an apparatus (entire apparatus shown in fig. 1 including the device 200, 400, 300 and table 100, see paragraphs 0027-0046 of the English translation) to repeatedly raise and lower a body member (arm and hand in fig. 2) from an elevation above the heart to an elevation below the heart to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits (see fig. 4 and paragraphs 0048-0058, Lee discloses that the robotic arm 400 provides assisted movement to assist the user in moving the user’s hand and spoon to a bowl/plate to a user’s mouth, therefore, depending how much the user would want to repeat the action of moving the hand/spoon to the bowl and the mouth and how the user orient their body, would cause the robot arm 400 to repeatedly raise and lower a body member from an elevation above the heart, the movements of the body member would be able to enhance blood circulation in order to improve healing, performance, and aesthetics, in addition to other medical and health benefits in the same manner as the applicant’s claimed invention).
Regarding claim 2, Lee discloses a sling (212, 211, 210, 150, 220, 231, figs. 1-4, paragraphs 0032-0038) to support the body member (see fig. 2); a lift apparatus (400, figs. 1-4, paragraphs 0028, 0041, 0046, and 0048) to suspend the sling incorporated into a household table (100, figs. 1-4, paragraphs 0028-0031, 0037, and 0050-0051, Lee discloses a dining table, the dining table can be placed in a house, therefore, a household table, it is noted that the term “household” is dependent on where the table is being placed, any table can be considered as a household table when the table is placed in a house, alternatively, the apparatus of Lee including the table 100 can be placed next to a household table separate from the apparatus of Lee, thereby, incorporating the apparatus with the household table).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu (CN 114652539) is cited to show a rehabilitation device comprising a dining table.
Splane (2005/0222523) is cited to show a table for lifting a patient’s leg above the heart and lowering the patient’s leg below the heart.
Zhang (CN 106890061) is cited to show a leg lifting and lowering apparatus.
Brodard (2018/0085276) is cited to show an apparatus comprising a table and a scissor lift.
Bullard (5,571,075) is cited to show a device for raising the arm above the heart.
Phillips (2006/0035769) is cited to show an apparatus for improving blood flow.
Annas (3,620,210) is cited to show a table for moving a user’s leg.
Rocklin (2011/0112455) is cited to show a sling connected to a base that can be incorporated into a table.
Zur (4,188,677) is cited to show a body support for lifting and lowering the leg.
Lossing (5,308,359) is cited to show a scissor lift for lifting a patient’s leg.
Christy (2019/0054342) is cited to show an apparatus for raising and lowering a patient’s limb.
Honsaker (3,060,925) is cited to show a table for moving the patient’s foot to be above and below the patient’s heart.
Scott (2017/0296416) is cited to show a tiltable table having a scissor lift.
Kaye (5,611,762) (6,454,683) is cited to show a convertible workout bench-coffee table.
Werding (3,599,631) is cited to show a device having a table and a leg support for raising the leg above a heart of the patient.
Doci (2014/0318550) is cited to show a body support comprising a coffee table.
Jacobson (2019/0314664) is cited to show an apparatus for moving the user’s limb above the heart and below the heart and can be configured as a coffee table.
Phillips (7,137,959) is cited to show paraplegic rehabilitation apparatus comprising a bench and a sling.
Phillips (6,261,250) is cited to show a method and apparatus for enhancing cardiovascular activity and health through rhythmic limb elevation.
Einav (2008/0132383) is cited to show a device and method for training, rehabilitation and/or support.
Keepers (2017/0348170) is cited to show a lateral hip and leg stretching machine and methods for using the same.
Murphy (2005/0104420) is cited to show a recliner for elevating the user’s leg above the heart.
Gozelski (2012/0109027) is cited to show an apparatus for moving the legs above and below a user’s heart.
Clark (2,756,743) is cited to show a leg exerciser.
Hoyer (3,071,130) is cited to show a device for lowering and lifting the leg of the patient.
Martin (2007/0289064) is cited to show a patient examination table.
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/TU A VO/Primary Examiner, Art Unit 3785