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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2023 has been received and considered by the examiner.
Claim Objections
Claims 2-12 are objected to because of the following informalities:
In claims 2-5 and 7-11 line 1 “The adjustable standing platform of claim” should be “The foot operated adjustable standing platform of claim”
In claim 3, line 2 “the at least one foot pedal controller” should be “the at least one removable foot pedal controller”
In claim 4, lines 2, 4, and 6 “the removable foot pedal controller” should be “the at least one removable foot pedal controller”
In claim 6, line 6 “1an actuator coupling the movable platform” should be “[[1]] an actuator coupling the movable platform”
In claim 12, lines 4-5 “at least a portion of the subset of the plurality of foot activated elements” should be “at least a portion of [[the]] a subset of the plurality of foot activated elements”
Appropriate correction is required.
Applicant is advised that should claim 2 be found allowable, claim 8 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claim 3 be found allowable, claim 9 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claim 4 be found allowable, claim 10 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claim 5 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 17-21 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.
Claim 17 recites the limitation "the standing platform" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claims 18-21 depends on claim 17 and are therefore rejected accordingly under 35 USC 112(b).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 recites the limitation “each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit” in lines 1-2. However, claim 7 depends on claim 1 and in lines 4-6 of claim 1 it recites “each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit”. Thus, claim 7 does not further structurally limit or introduce any additional structural limitations that is not already recited in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3 and 6-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 15 of U.S. Patent No. 11,767,203 in view of Brunson (US Pub. No. 2006/0207021).
A comparison of the subject matter of claim 1 of the instant application with the claim 1 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
Claim 1:
A foot operated adjustable standing platform for a person, comprising:
Claim 1:
An adjustable standing platform for a person, comprising:
a base structured and arranged to be disposed upon a support surface;
a base structured and arranged to be disposed upon a support surface;
a movable platform disposed above and generally parallel to the base, the movable platform having a standing area provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit;
a movable platform disposed above and generally parallel to the base, the movable platform having at least one removable foot pedal controller providing at least a portion of a standing area, each of the at least one removable foot pedal controller in wireless communication with at least one associated remote base unit;
an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base and to tilt the movable platform relative to the base; and
an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base; and
a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
a flexible outer element enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. However, the patent case is silent wherein the actuator structured and arranged to move the movable platform to tilt the movable platform relative to the base. The prior art of Brunson teaches it was known in the art to have a foot operated adjustable standing platform for a person (Figures 10A-10B element 160 and see also paragraph 0084) comprising a base (element 161), a movable platform (element 166), an actuator (elements 162/163/164/165) coupling the movable platform to the base (see figures 10A-10B), and wherein the actuator structured and arranged to move the movable platform to tilt the movable platform relative to the base (see figure 10B showing the actuator moving the platform (element 166) away from the base (element 161) and tilting towards the patient). It would have been obvious to one having ordinary skill in the art to have modified the apparatus recited in claim 1 of the patent case in order to provide the foot operated adjustable standing platform with an actuator that tilts the moveable platform relative to the base in order to provide an additional degree of movement which would necessarily permit the user to increase their reach during operations.
A comparison of the subject matter of claim 2 of the instant application with the claim 2 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 1,
The adjustable standing platform of claim 1,
wherein there are at least two removable foot pedal controllers.
wherein there are at least two removable foot pedal controllers.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 3 of the instant application with the claim 3 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 1,
The adjustable standing platform of claim 1,
further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 6 of the instant application with the claim 15 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
Claim 6:
An adjustable standing platform for a person, comprising:
Claim 15:
An adjustable standing platform for a person, comprising:
a base structured and arranged to be disposed upon a support surface;
a base structured and arranged to be disposed upon a support surface;
a movable platform disposed above and generally parallel to the base, the movable platform having a standing area provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area,
a movable platform disposed above and generally parallel to the base, the movable platform having a standing area, the standing area provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controller in wireless communication with at least one associated remote base unit;
1an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base; and
an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base; and
a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. However, the patent case is silent wherein each of the at least one removable foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area. The prior art of Brunson teaches it was known in the art to have an adjustable standing platform embodiment (Figure 15 and see also paragraph 0097) comprising a moveable platform (element 230) having a standing area (outer surface of element 230), at least one foot pedal controller (elements 231-233 and see also paragraph 0097), and each of the at least one foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area (See paragraph 0097 where the prior art discloses that elements 232-233 (portions of each of the at least one removable foot pedal controllers) are “actuated by the subject's foot”, and giving that prior art meets the structural limitations of the moveable platform having the standing area provided with at least in part by at least one foot pedal controller and there is no structural difference, thus the prior art would be capable of having each of the at least one foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area, as recited.). It would have been obvious to one having ordinary skill in the art to have modified the apparatus recited in claim 6 of the patent case in order to provide the lift with at least one foot pedal controller would necessarily provide the predictable result of allowing the user to lower/raise the platform at a desired a fixed rate or at a rate determined by the pressure applied via actuation of the subject’s foot as described by Brunson (see paragraph 0097), thus providing a hands free adjustable standing platform.
A comparison of the subject matter of claim 7 of the instant application with the claim 1 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 1,
Claim 1, ll. 4-6
wherein each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit.
each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 8 of the instant application with the claim 2 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 1,
The adjustable standing platform of claim 1,
wherein there are at least two removable foot pedal controllers.
wherein there are at least two removable foot pedal controllers.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 9 of the instant application with the claim 3 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 1,
The adjustable standing platform of claim 1,
further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
Claims 12-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 29-31 of U.S. Patent No. 11,767,203.
A comparison of the subject matter of claim 12 of the instant application with the claim 29 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
Claim 12:
An adjustable stand for a person, comprising:
Claim 29:
An adjustable stand for a person, comprising:
a base structured and arranged to be disposed upon a support surface;
a base structured and arranged to be disposed upon a support surface;
a movable platform disposed above and generally parallel to the base, the movable platform having a standing area provided at least in part by a plurality of foot activated elements, at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit;
a movable platform disposed above and generally parallel to the base, the movable platform having a plurality of foot activated elements, at least a subset of the foot activated elements providing a standing area, at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit;
an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base in response to activation of at least one of the plurality of foot activated elements; and
an actuator coupling the movable platform to the base, the actuator structured and arranged to move the movable platform generally towards or away from the base in response to activation of at least one of the plurality of foot activated elements; and
a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 13 of the instant application with the claim 30 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 12,
The adjustable standing platform of claim 29,
wherein at least a subset of the plurality of foot activated elements are disposed in at least one removable foot pedal controller, the at least one foot pedal controller providing at least a portion of a standing area for the person.
wherein at least a subset of the plurality of foot activated elements are disposed in at least one removable foot pedal controller, the at least one foot pedal controller providing at least a portion of a standing area for the person.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
A comparison of the subject matter of claim 14 of the instant application with the claim 31 of the Patent shows the following:
Instant Application: 18/231,685
US Patent No. 11,767,203
The adjustable standing platform of claim 13,
The adjustable standing platform of claim 30,
further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
further including at least one removable spacer disposed adjacent to at least one of the foot pedal controllers, the at least one removable spacer providing at least a portion of the standing area.
The claims of the instant application appear to have a similar scope of their corresponding clams in the patent, other than a slight re-wording of the claims, that one of ordinary skill in the art would recognize as being obvious variants of each other. Thus, since the subject matter of the Patent claim anticipates the broader subject matter of the instant claims, the aforementioned nonstatutory Double Patenting is deemed necessary.
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.
Claims 1-3, 5, 7-9, 11-12, 16-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US Pub. No. 2006/0207021) in view of Morrison (US Pub. No. 2010/0242174) and Smith (US Pub. No. 2015/0137567).
Regrading claim 1, Brunson discloses: a foot operated adjustable standing platform for a person (Figures 10A-10B element 160 and see also paragraph 0084), comprising:
a base (element 161) structured and arranged to be disposed upon a support surface (see figures 10A-10B annotated below Detail A);
a movable platform (element 166) disposed above and generally parallel to the base (see figures 10A-10B annotated below), the movable platform having a standing area (see figures 10A-10B annotated below Detail B);
an actuator (elements 162/163/164/165) coupling the movable platform to the base (see figures 10A-10B annotated below), the actuator structured and arranged to move the movable platform generally towards or away from the base and to tilt the movable platform relative to the base (see figure 10A annotated below showing the platform in an upright position (see paragraph 0084) and figure 10B annotated below showing the actuator moving the platform away from the base and tilting towards the patient).
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Furthermore, Brunson discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof” including “foot-controls” (see paragraph 0096). However, Brunson appears to be silent wherein the moveable platform having the standing area is provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit, and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Brunson further teaches an alternate adjustable standing platform embodiment (Figure 15 and see also paragraph 0097) comprising a moveable platform (element 230) having a standing area (see figure 15 annotated below Detail A), and wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller (elements 231-233 and see also paragraph 0097).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller. One of ordinary skill in the art would recognize that providing the lift with at least one foot pedal controller would necessarily provide the predictable result of allowing the user to lower/raise the platform at a desired a fixed rate or at a rate determined by the pressure applied via actuation of the subject’s foot as described by Brunson (see paragraph 0097), thus providing a hands free adjustable standing platform.
However, Brunson modified appears to be silent wherein at least one foot pedal controller is a removable foot pedal controller, each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit, and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein at least one foot pedal controller is a removable foot pedal controller, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
However, Brunson modified appears to be silent wherein each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Morrison is also concern in providing a foot operated adjustable standing platform for a person (Figures 1-9 element 10 and see also paragraph 0032) comprising a base (element 14) supported and arranged upon a support surface (element FL), a moveable platform (element 12) having at least one foot pedal controller (element 84), an actuator (element 16), and wherein each of the at least one foot pedal controller in wireless communication with at least one associated remote base unit (see paragraph 0037 where the prior art discloses element 84 (at least one foot pedal controller) can comprises “an infrared dual action foot pedal transmitter” which is “wirelessly connected” to a “receiver”, thus giving that the receiver is remote from element 84 and is in wireless communication the receiver would necessarily be the least one associated remote base unit.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Morrison to provide wherein the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit. One of ordinary skill in the art would recognize that providing a known wireless connection between each removable foot pedal controller with other separate components would necessarily allow the user to wirelessly control other components of the platform without the obstruction of cables, thus creating a more user-friendly accessible connection.
However, Brunson modified appears to be silent comprising a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Smith is also concern in providing a adjustable platform (Figures 1-5 and see also paragraph 0016) comprising a base (element 12) a moveable platform (element 10), and a flexible outer element (element 32) substantially enclosing the adjustable standing platform (see figures 1 and 3 showing element 32 enclosing portions of the adjustable standing platform), the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base (see figure 3 (expanded) and see figure 5 (contracted)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Smith to provide a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base. One of ordinary skill in the art would recognize that providing a flexible outer element covering the actuator of the adjustable standing platform would necessarily keep the actuator protected from outside obstacles and prevent the user from being injured during lifting operations.
Regrading claim 2, Brunson modified discloses: the adjustable standing platform of claim 1, wherein there are at least two removable foot pedal controllers (see figure 15 showing a plurality of removable foot pedal controllers elements 231-233, thus having at least two removable foot pedal controllers).
Regarding claim 3, Brunson modified discloses all the elements as claimed in claim 1 and further discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof”, but appears to be silent in further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
Brunson further teaches an alternate adjustable standing platform embodiment (Figures 4A-4C element 60 and see also paragraph 0071) comprising a base (element 61), a moveable platform (element 66) having a standing area (see figure 4C annotated below Detail A), an actuator (elements 62a-b, 63a-b, 64, 65), and further including at least one spacer (elements 68/69) disposed adjacent to the at least one foot pedal controller (see paragraph 0071 where the prior art discloses element 60 (adjustable standing platform) includes “foot actuated controls” (at least one foot pedal controller), thus the spacer would necessarily be capable of being disposed adjacent to the at least one foot pedal controller), the at least one spacer providing at least a portion of the standing area (see figure 4C annotated below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide at least one spacer disposed adjacent to the at least one foot pedal controller, the at least one spacer providing at least a portion of the standing area. One of ordinary skill in the art would recognize that having a spacer on the standing area of the moveable platform would necessarily provide a designated area for a user to comfortably position their foot during lifting operations while also e ergonomically molded for added comfort as disclosed by Brunson (see paragraph 0065).
However, Brunson modified appears to be silent wherein the spacer is a removable spacer.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein the spacer is a removable spacer, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
Regrading claim 5, Brunson modified discloses: the adjustable standing platform of claim 1, wherein the actuator is responsive to a user request to move the movable platform in at least one direction (see paragraph 0084 and see also figures 10A-10B).
Regrading claim 7, Brunson modified discloses: the adjustable standing platform of claim 1, wherein each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit (see rejection of claim 1 above).
Regrading claim 8, Brunson modified discloses: the adjustable standing platform of claim 1, wherein there are at least two removable foot pedal controllers (see figure 15 showing a plurality of removable foot pedal controllers elements 231-233, thus having at least two removable foot pedal controllers).
Regarding claim 9, Brunson modified discloses all the elements as claimed in claim 1 and further discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof”, but appears to be silent in further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
Brunson further teaches an alternate adjustable standing platform embodiment (Figures 4A-4C element 60 and see also paragraph 0071) comprising a base (element 61), a moveable platform (element 66) having a standing area (see figure 4C annotated below Detail A), an actuator (elements 62a-b, 63a-b, 64, 65), and further including at least one spacer (elements 68/69) disposed adjacent to the at least one foot pedal controller (see paragraph 0071 where the prior art discloses element 60 (adjustable standing platform) includes “foot actuated controls” (at least one foot pedal controller), thus the spacer would necessarily be capable of being disposed adjacent to the at least one foot pedal controller), the at least one spacer providing at least a portion of the standing area (see figure 4C annotated below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide at least one spacer disposed adjacent to the at least one foot pedal controller, the at least one spacer providing at least a portion of the standing area. One of ordinary skill in the art would recognize that having a spacer on the standing area of the moveable platform would necessarily provide a designated area for a user to comfortably position their foot during lifting operations while also e ergonomically molded for added comfort as disclosed by Brunson (see paragraph 0065).
However, Brunson modified appears to be silent wherein the spacer is a removable spacer.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein the spacer is a removable spacer, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
Regrading claim 11, Brunson modified discloses: the adjustable standing platform of claim 1, wherein the actuator is responsive to a user request to move the movable platform in at least one direction (see paragraph 0084 and see also figures 10A-10B).
Regrading claim 12, Brunson discloses: an adjustable stand for a person (Figures 10A-10B element 160 and see also paragraph 0084), comprising:
a base (element 161) structured and arranged to be disposed upon a support surface (see figures 10A-10B annotated below Detail A);
a movable platform (element 166) disposed above and generally parallel to the base (see figures 10A-10B annotated below), the movable platform having a standing area (see figures 10A-10B annotated below Detail B);
an actuator (elements 162/163/164/165) coupling the movable platform to the base (see figures 10A-10B annotated below), the actuator structured and arranged to move the movable platform generally towards or away from the base (see figure 10A annotated below showing the platform in an upright position (see paragraph 0084) and figure 10B annotated below showing the actuator moving the platform away from the base).
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Furthermore, Brunson discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof” including “foot-controls” (see paragraph 0096). However, Brunson appears to be silent wherein the moveable platform having the standing area is provided at least in part by a plurality of foot activated elements, at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit, the actuator structured and arranged to move the movable platform generally towards or away from the base in response to activation of at least one of the plurality of foot activated elements, and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Brunson further teaches an alternate adjustable standing platform embodiment (Figure 15 and see also paragraph 0097) comprising a moveable platform (element 230) having a standing area (see figure 15 annotated below Detail A), and wherein the moveable platform having the standing area is provided at least in part by a plurality of foot activated elements (elements 231-233 and see also paragraph 0097).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide wherein the moveable platform having the standing area is provided at least in part by a plurality of foot activated elements. One of ordinary skill in the art would recognize that providing the lift with at a plurality of foot activated elements would necessarily provide the predictable result of allowing the user to lower/raise the platform at a desired a fixed rate or at a rate determined by the pressure applied via actuation of the subject’s foot as described by Brunson (see paragraph 0097), thus providing a hands free adjustable standing platform.
With regards to the actuator structured and arranged to move the movable platform generally towards or away from the base in response to activation of at least one of the plurality of foot activated elements, the prior art discloses element 164 (portion of actuator), being activated so the subject is moved toward the work space (see paragraph 0084) and as best shown in figures 10A-10B, the actuator moving the movable platform generally towards or away (z-axis) from the base. Furthermore, the prior art discloses elements 232/233 (portions of plurality of foot activated elements) are the means for moving a subject along a z-axis by being actuated by the subject's foot (see paragraph 0097). Therefore, it would be obvious to activate the actuator via at least one of the plurality of foot activated elements in order to provide lift the user to a desired height during operations.
However, Brunson modified appears to be silent wherein at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Morrison is also concern in providing a foot operated adjustable standing platform for a person (Figures 1-9 element 10 and see also paragraph 0032) comprising a base (element 14) supported and arranged upon a support surface (element FL), a moveable platform (element 12) having foot activated elements (element 84/86), an actuator (element 16), and wherein at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit (see paragraph 0037 where the prior art discloses element 84 (subset of the plurality of foot activated elements) can comprises “an infrared dual action foot pedal transmitter” which is “wirelessly connected” to a “receiver”, thus giving that the receiver is remote from element 84 and is in wireless communication the receiver would necessarily be the least one associated remote base unit.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Morrison to provide wherein at least a portion of the subset of the plurality of foot activated elements in wireless communication with at least one remote base unit. One of ordinary skill in the art would recognize that providing a known wireless connection between a portion of the subset of the plurality of foot activated elements with other separate components would necessarily allow the user to wirelessly control other components of the platform without the obstruction of cables, thus creating a more user-friendly accessible connection.
However, Brunson modified appears to be silent comprising a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Smith is also concern in providing an adjustable platform (Figures 1-5 and see also paragraph 0016) comprising a base (element 12) a moveable platform (element 10), and a flexible outer element (element 32) substantially enclosing the adjustable standing platform (see figures 1 and 3 showing element 32 enclosing portions of the adjustable standing platform), the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base (see figure 3 (expanded) and see figure 5 (contracted)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Smith to provide a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base. One of ordinary skill in the art would recognize that providing a flexible outer element covering the actuator of the adjustable standing platform would necessarily keep the actuator protected from outside obstacles and prevent the user from being injured during lifting operations.
Regrading claim 16, Brunson modified discloses: the adjustable standing platform of claim 12, wherein the actuator is responsive to a user request to move the movable platform in at least one direction (see paragraph 0084 and see also figures 10A-10B).
Regrading claim 17, Brunson discloses: a method of providing an adjustable stand for a person (Figures 10A-10B element 160 and see also paragraph 0084), comprising:
providing a base (element 161) structured and arranged to be disposed upon a support surface (see figures 10A-10B annotated below Detail A);
providing a movable platform (element 166) disposed above and generally parallel to the base (see figures 10A-10B annotated below), the movable platform having a standing area (see figures 10A-10B annotated below Detail B);
providing an actuator (elements 162/163/164/165) coupling the movable platform to the base (see figures 10A-10B annotated below), the actuator structured and arranged to move the movable platform generally towards or away from the base and to tilt the movable platform relative to the base (see figure 10A annotated below showing the platform in an upright position (see paragraph 0084) and figure 10B annotated below showing the actuator moving the platform away from the base and tilting towards the patient).
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Furthermore, Brunson discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof” including “foot-controls” (see paragraph 0096). However, Brunson appears to be silent wherein provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit, providing a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base, and wherein a person standing upon the standing platform may use his or her feet to activate one or more of the foot pedal controllers without removing his or her feet from the standing area.
Brunson further teaches an alternate adjustable standing platform embodiment (Figure 15 and see also paragraph 0097) comprising a moveable platform (element 230) having a standing area (see figure 15 annotated below Detail A), and wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller (elements 231-233 and see also paragraph 0097) and wherein a person standing upon the standing platform may use his or her feet to activate one or more of the foot pedal controllers without removing his or her feet from the standing area (see paragraph 0097 where the prior art discloses elements 232/233 (one or more of the foot pedal controllers) are “actuated by the subject's foot”, thus allowing a person to be capable of standing upon the standing platform (element 230) may use his or her feet to activate one or more of the foot pedal controllers without removing his or her feet from the standing area, as recited.) .
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller and wherein a person standing upon the standing platform may use his or her feet to activate one or more of the foot pedal controllers without removing his or her feet from the standing area. One of ordinary skill in the art would recognize that providing the lift with at least one foot pedal controller would necessarily provide the predictable result of allowing the user to lower/raise the platform at a desired a fixed rate or at a rate determined by the pressure applied via actuation of the subject’s foot as described by Brunson (see paragraph 0097), thus providing a hands free adjustable standing platform.
However, Brunson modified appears to be silent wherein at least one foot pedal controller is a removable foot pedal controller, each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit, and providing a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein at least one foot pedal controller is a removable foot pedal controller, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
However, Brunson modified appears to be silent wherein each of the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit and providing a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Morrison is also concern in providing a foot operated adjustable standing platform for a person (Figures 1-9 element 10 and see also paragraph 0032) comprising a base (element 14) supported and arranged upon a support surface (element FL), a moveable platform (element 12) having at least one foot pedal controller (element 84), an actuator (element 16), and wherein each of the at least one foot pedal controller in wireless communication with at least one associated remote base unit (see paragraph 0037 where the prior art discloses element 84 (at least one foot pedal controller) can comprises “an infrared dual action foot pedal transmitter” which is “wirelessly connected” to a “receiver”, thus giving that the receiver is remote from element 84 and is in wireless communication the receiver would necessarily be the least one associated remote base unit.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Morrison to provide wherein the at least one removable foot pedal controllers in wireless communication with at least one associated remote base unit. One of ordinary skill in the art would recognize that providing a known wireless connection between each removable foot pedal controller with other separate components would necessarily allow the user to wirelessly control other components of the platform without the obstruction of cables, thus creating a more user-friendly accessible connection.
However, Brunson modified appears to be silent providing a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Smith is also concern in providing an adjustable platform (Figures 1-5 and see also paragraph 0016) comprising a base (element 12) a moveable platform (element 10), and providing a flexible outer element (element 32) substantially enclosing the adjustable standing platform (see figures 1 and 3 showing element 32 enclosing portions of the adjustable standing platform), the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base (see figure 3 (expanded) and see figure 5 (contracted)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Smith to provide a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base. One of ordinary skill in the art would recognize that providing a flexible outer element covering the actuator of the adjustable standing platform would necessarily keep the actuator protected from outside obstacles and prevent the user from being injured during lifting operations.
Regrading claim 18, Brunson modified discloses: the method of claim 17, wherein there are at least two removable foot pedal controllers (see figure 15 showing a plurality of removable foot pedal controllers elements 231-233, thus having at least two removable foot pedal controllers).
Regarding claim 19, Brunson modified discloses all the elements as claimed in claim 17 and further discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof”, but appears to be silent in further including at least one removable spacer disposed adjacent to the at least one foot pedal controller, the at least one removable spacer providing at least a portion of the standing area.
Brunson further teaches an alternate adjustable standing platform embodiment (Figures 4A-4C element 60 and see also paragraph 0071) comprising a base (element 61), a moveable platform (element 66) having a standing area (see figure 4C annotated below Detail A), an actuator (elements 62a-b, 63a-b, 64, 65), and further including at least one spacer (elements 68/69) disposed adjacent to the at least one foot pedal controller (see paragraph 0071 where the prior art discloses element 60 (adjustable standing platform) includes “foot actuated controls” (at least one foot pedal controller), thus the spacer would necessarily be capable of being disposed adjacent to the at least one foot pedal controller), the at least one spacer providing at least a portion of the standing area (see figure 4C annotated below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide at least one spacer disposed adjacent to the at least one foot pedal controller, the at least one spacer providing at least a portion of the standing area. One of ordinary skill in the art would recognize that having a spacer on the standing area of the moveable platform would necessarily provide a designated area for a user to comfortably position their foot during lifting operations while also e ergonomically molded for added comfort as disclosed by Brunson (see paragraph 0065).
However, Brunson modified appears to be silent wherein the spacer is a removable spacer.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein the spacer is a removable spacer, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
Regrading claim 21, Brunson modified discloses: the method of claim 17, wherein the actuator is responsive to a user request to move the movable platform in at least one direction (see paragraph 0084 and see also figures 10A-10B).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US Pub. No. 2006/0207021) in view of Smith (US Pub. No. 2015/0137567).
Regrading claim 6, Brunson discloses: an adjustable standing platform for a person (Figures 10A-10B element 160 and see also paragraph 0084), comprising:
a base (element 161) structured and arranged to be disposed upon a support surface (see figures 10A-10B annotated below Detail A);
a movable platform (element 166) disposed above and generally parallel to the base (see figures 10A-10B annotated below), the movable platform having a standing area (see figures 10A-10B annotated below Detail B), [[1]] an actuator (elements 162/163/164/165) coupling the movable platform to the base (see figures 10A-10B annotated below), the actuator structured and arranged to move the movable platform generally towards or away from the base (see figure 10A annotated below showing the platform in an upright position (see paragraph 0084) and figure 10B annotated below showing the actuator moving the platform away from the base).
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Furthermore, Brunson discloses a plurality of different adjustable standing platforms embodiments (Figures 1-9, 11A-14, and 17 and also discloses “any lift of the invention may include any of the items listed in this description or combinations thereof” including “foot-controls” (see paragraph 0096). However, Brunson appears to be silent wherein the moveable platform having the standing area is provided at least in part by at least one removable foot pedal controller, each of the at least one removable foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area, and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Brunson further teaches an alternate adjustable standing platform embodiment (Figure 15 and see also paragraph 0097) comprising a moveable platform (element 230) having a standing area (see figure 15 annotated below Detail A), and wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller (elements 231-233 and see also paragraph 0097) and each of the at least one foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area (See paragraph 0097 where the prior art discloses that elements 232-233 (portions of each of the at least one removable foot pedal controllers) are “actuated by the subject's foot”, and giving that prior art meets the structural limitations of the moveable platform having the standing area provided with at least in part by at least one foot pedal controller and there is no structural difference, thus the prior art would be capable of having each of the at least one foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area, as recited.).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Brunson modified to provide wherein the moveable platform having the standing area is provided at least in part by at least one foot pedal controller and each of the at least one foot pedal controllers structured and arranged for operation by a person without removing his or her feet from the standing area. One of ordinary skill in the art would recognize that providing the lift with at least one foot pedal controller would necessarily provide the predictable result of allowing the user to lower/raise the platform at a desired a fixed rate or at a rate determined by the pressure applied via actuation of the subject’s foot as described by Brunson (see paragraph 0097), thus providing a hands free adjustable standing platform.
However, Brunson modified appears to be silent wherein at least one foot pedal controller is a removable foot pedal controller and a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to provide wherein at least one foot pedal controller is a removable foot pedal controller, since separating parts that were once integral involves only routine skill in the art. One of ordinary skill in the art would recognize that having replaceable parts of the platform would necessarily allow the user to interchange damaged parts instead of having to replace the entire adjustable standing platform (See MPEP 2144.04 (V))
However, Brunson modified appears to be silent comprising a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base.
Smith is also concern in providing an adjustable platform (Figures 1-5 and see also paragraph 0016) comprising a base (element 12) a moveable platform (element 10), and a flexible outer element (element 32) substantially enclosing the adjustable standing platform (see figures 1 and 3 showing element 32 enclosing portions of the adjustable standing platform), the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base (see figure 3 (expanded) and see figure 5 (contracted)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Brunson to incorporate the teachings of Smith to provide a flexible outer element substantially enclosing the adjustable standing platform, the flexible outer element structured and arranged to expand and contract as the movable platform moves relative to the base. One of ordinary skill in the art would recognize that providing a flexible outer element covering the actuator of the adjustable standing platform would necessarily keep the actuator protected from outside obstacles and prevent the user from being injured during lifting operations.
Allowable Subject Matter
Claims 4 and 10 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.
Claims 13-15 would be allowable if rewritten to overcome the rejection(s) under double patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 4, 10, and 20 recite limitations related to the foot operated adjustable standing platform, adjustable stand, and a method, specifically “wherein for a first instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially centered in the standing area; in a second instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially in a left portion of the standing area; and in a third instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially in a right portion of the standing area”.
Claim 13 (claims 14-15 depend on claim 13) recite limitations related to the adjustable stand, specifically “wherein at least a subset of the plurality of foot activated elements are disposed in at least one removable foot pedal controller, the at least one foot pedal controller providing at least a portion of a standing area for the person”.
The prior art of Brunson discloses an adjustable standing platform for a person (Figures 10A-10B element 160 and see also paragraph 0084) comprising a base (element 161), a movable platform (element 166), and an actuator (elements 162/163/164/165). Brunson further teaches an alternate embodiment having at least in part by at least one foot pedal controller / the plurality of foot activated elements (elements 231-233 and see also paragraph 0097) used to operate the platform and also discloses in an alternate embodiment adjustable platform (Figures 4A-4C element 60 and see also paragraph 0071) comprising at least one spacer (elements 68/69). However, the prior art doses not wherein for a first instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially centered in the standing area; in a second instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially in a left portion of the standing area; and in a third instance the at least one removable spacer and the at least one removable foot pedal controller are arranged to present the removable foot pedal controller substantially in a right portion of the standing area and does not further disclose the at least a subset of the plurality of foot activated elements are disposed in at least one removable foot pedal controller.
Conclusion
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/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723