DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 9 and 16 are objected to because of the following informalities:
In claim 9, line 3, “the first engagement bracket (704)” should be “the first engagement bracket”; and
In claim 16, line 3, “the second engagement bracket (704)” should be “the second engagement bracket”.
Appropriate correction is required.
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.
Claims 3, 4, 7, 8 and 16 – 27 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 3 is indefinite because it depends from itself, so the scope of the claim is unclear. Claims 4, 7, 8, and 16 – 27 depend from claim 3, and therefore, they are also rejected as unclear.
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.
Claims 3, 4, 7, 8 and 16 – 27 are 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 3 improperly depends from itself. 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. Claims 4, 7, 8 and 16 – 27 depend from claim 3, and therefore are also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 3 – 10, 12 – 17 and 19 – 23 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 20060096792 A1 to Usherovich.
Regarding claim 1, Usherovich discloses an apparatus kit comprising:
a first friction roller (drive member 20) configured to be operably coupled with a first engagement member (412, See Fig. 12), wherein the first friction roller comprises a centerless concave rim housing (the left and right angles of drive member 20, See Fig. 1B) comprising a friction surface (the surface of drive member 20 that contacts wheel surface 32a, Fig. 1B);
a first motor (drive motor 14) configured to be operably coupled with the first friction roller; and
a first engagement actuator (grip member 456; Paragraph [0030]) {{configured to be connected to a wheelchair (wheelchair 30)}}, wherein the first engagement actuator comprises a movable shaft (link 466) configured to move the first engagement member relative to the wheelchair between a disengaged position (As in Fig. 2) wherein the first friction roller is not in contact with a wheelchair first wheel and an engaged position (As in Fig. 3) {{wherein the first friction roller is in contact with the wheelchair first wheel at a point of contact (See Figs. 1B and 3) between the first friction roller friction surface and the wheelchair first wheel}}, wherein the point of contact (See Figs. 1B and 3) is configured to be disposed behind a seating area of the wheelchair, wherein the movable shaft (link 466) is configured to be connected to the first engagement member (412, See Fig. 12), and wherein the movable shaft is extendable and retractable and configured to move the first engagement member relative to the wheelchair based on extending or retracting the movable shaft (Paragraph [0031]);
wherein the first engagement member is configured to be removably secured to a first exchange tab (support bracket 450) configured to be removably secured to a back of the wheelchair to position the first friction roller centerless concave rim housing friction surface to drive the wheelchair first wheel by force from the first motor through the point of contact between the first friction roller friction surface and the wheelchair first wheel when the first engagement member is in the engaged position (Paragraphs [0030] and [0031]);
[Claim 3] wherein the apparatus kit further comprises:
a second friction roller (drive member 20 on the opposite side of a wheelchair) configured to be operably coupled with a second engagement member (412, See Fig. 12), wherein the second friction roller comprises a centerless concave rim housing (the left and right angles of drive member 20, See Fig. 1B) comprising a friction surface (the surface of drive member 20 that contacts wheel surface 32a, Fig. 1B) );
a second motor (drive motor 16) configured to be operably coupled with the second friction roller; and
a second engagement actuator (grip member 456) configured to be connected to the wheelchair, wherein the second engagement actuator (grip member 456) comprises a movable shaft (link 466) configured to move the second engagement member relative to the wheelchair (wheelchair 30) between a disengaged position (As in Fig. 2) wherein the second friction roller is not in contact with a wheelchair second wheel and an engaged position (As in Fig. 3) wherein the second friction roller is in contact with the wheelchair second wheel at a point of contact (See Figs. 1B and 3) between the second friction roller friction surface and the wheelchair second wheel and wherein the point of contact (See Figs. 1B and 3) is configured to be disposed behind the seating area of the wheelchair (bracket assembly 404 includes a pair of brackets 450 secured to opposite sides of a wheelchair, Paragraph [0030]; Figs. 1 and 11);
[Claim 4] wherein the apparatus kit further comprises the second engagement member (412, See Fig. 12) is configured to be removably secured to a second exchange tab (support bracket 450) configured to be removably secured to the wheelchair (wheelchair 30) to position the second friction roller centerless concave rim housing (the left and right angles of drive member 20, See Fig. 1B) friction surface (the surface of drive member 20 that contacts wheel surface 32a, Fig. 1B) to drive the wheelchair second wheel by force from the second motor (drive motor 16) through the point of contact (See Figs. 1B and 3) between the second friction roller (drive member 20 on the opposite side of a wheelchair) friction surface (the surface of drive member 20 that contacts wheel surface 32a, Fig. 1B) and the wheelchair second wheel when the second engagement member (412, See Fig. 12) is in the engaged position (bracket assembly 404 includes a pair of brackets 450 secured to opposite sides of a wheelchair, Paragraph [0030]; Figs. 1 and 11);
[Claim 5] wherein the apparatus kit further comprises the first motor (drive motor 14) is configured to be operably coupled by an axle (See Fig. 11) with the first friction roller (drive member 20);
[Claim 6] wherein the apparatus kit further comprises the first motor (drive motor 14) is configured to be operably coupled with a rotor (the axle between the motor and the drive member 20, Fig. 11) configured to be operably coupled with the axle (See Fig. 11);
[Claim 7] wherein the apparatus further comprises the second motor (drive motor 16) is configured to be operably coupled by an axle (See Fig. 11) with the second friction roller (drive member 20 on the opposite side of a wheelchair);
[Claim 8] wherein the apparatus further comprises the second motor (drive motor 16) is configured to be operably coupled with a rotor (a rotor is inherent in all drive motors) configured to be operably coupled with the axle (See Fig. 11);
[Claim 9] wherein the first engagement member (412, See Fig. 12) is a first engagement bracket having a first end (the portion of 412 attached to link 466), a second end (the portion of 412 surrounding drive member 20, Fig. 12), and wherein the first engagement bracket is configured to be removably secured with the first exchange tab (support bracket 450; all of these components can be disassembled);
[Claim 10] wherein the first engagement member (412, See Fig. 12) first end (the portion of 412 attached to link 466) is configured to be removably secured to the first exchange tab (support bracket 450; all of these components can be disassembled);
[Claim 12] wherein the first engagement member (412, See Fig. 12) second end (the portion of 412 surrounding drive member 20, Fig. 12) is configured to be operably coupled by a collar to the wheelchair (wheelchair 30; 412 has a loop that connects it to link 466 via which 412 connects to a wheelchair);
[Claim 13] wherein the collar (the loop on 412 connecting to link 466) is configured to be coupled by an adapter plate (support bracket 450) with the first engagement actuator (grip member 456; Paragraph [0030]) and the movable shaft (link 466) is configured to be coupled with the first engagement member (412, See Fig. 12) second end (the portion of 412 surrounding drive member 20 connects to link 466 via a loop, Fig. 12);
[Claim 14] wherein the collar (the portion of 412 surrounding drive member 20, Fig. 12) {{is configured to be connected to a structural member of the wheelchair that is substantially horizontal and parallel with respect to a surface on which the wheelchair would rest}} (the wheelchair is not actually being positively claimed and 412 connects indirectly to the entire wheelchair);
[Claim 15] wherein the first engagement member (412, See Fig. 12) first end is configured to be rotatably coupled with the first exchange tab (support bracket 450) to rotate about the first engagement member first end (link 466 is pivotally secured to a flange 476; Paragraph [0031]);
[Claim 16] wherein the second engagement member (412, See Fig. 12) is a second engagement bracket having a first end, a second end, and wherein the second engagement bracket is configured to be removably secured with the second exchange tab (support bracket 450; 412 is connected to 450 via link 466, See Fig. 12);
[Claim 17] wherein the second engagement member (412, See Fig. 12) first end is configured to be removably secured to the second exchange tab (support bracket 450; all of these components are inherently able to be disassembled);
[Claim 19] wherein the second engagement member (412, See Fig. 12) second end (1350) is configured to be operably coupled by a collar (1315) to the wheelchair (wheelchair 30; 412 has a loop that connects it to link 466 via which 412 connects to a wheelchair);
[Claim 20] wherein the collar (the loop on 412 connecting to link 466) is configured to be coupled by an adapter plate (support bracket 450) with the second engagement actuator (grip member 456; Paragraph [0030]) and the movable shaft (link 466) is configured to be coupled with the second engagement member (412, See Fig. 12) second end (the portion of 412 surrounding drive member 20 connects to link 466 via a loop, Fig. 12);
[Claim 21] wherein the collar (the portion of 412 surrounding drive member 20, Fig. 12) is configured to be connected to a structural member of the wheelchair that is substantially horizontal and parallel with respect to a surface on which the wheelchair would rest (the wheelchair is not actually being positively claimed and 412 connects indirectly to the entire wheelchair);
[Claim 22] wherein the second engagement member (412, See Fig. 12) first end is configured to be rotatably coupled with the second exchange tab (support bracket 450) to rotate about the second engagement member (412, See Fig. 12) first end (link 466 is pivotally secured to a flange 476; Paragraph [0031]); and
[Claim 23] wherein the first engagement actuator (grip member 456; Paragraph [0030]) and the second engagement actuator (grip member 456) are linear actuators (Paragraph [0030]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Usherovich, in view of patent application publication number US 20070241153 A1 to Medina et al. (hereinafter referred to as Medina).
Regarding claims 11 and 18, Usherovich discloses the apparatus kit of claims 10 and 17, respectively. However, Usherovich does not disclose the first exchange tab is configured to be welded to the wheelchair. Medina discloses a wheelchair loading ramp that has a hitch arm connected to the frame by welding. Medina teaches at least one plate (25) attached to each side of a wheelchair frame (20) using welding (Paragraph [0025]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Usherovich’s device such that it is attachable to a wheelchair using welding to prevent one from unintentionally removing the apparatus from the wheelchair.
Claims 24 – 27 are rejected under 35 U.S.C. 103 as being unpatentable over Usherovich, in view of Japanese patent document number JP 2002-35046 A to Hirai.
Regarding claims 24 – 27, Usherovich discloses apparatus kit of claim 3, but does not further disclose the claim limitations of claims 24 – 27.
However, Hirai discloses a wheelchair drive apparatus kit:
[Claim 24] wherein the apparatus kit further comprises a programmable joystick (joystick 44, Paragraph [0017]) configured to govern the operation of the first motor (motor unit 14, Paragraph [0016]) and the second motor (motor unit 14);
[Claim 25] wherein the apparatus kit further comprises an engage button (lever 34a) configured to activate the first engagement actuator (pressing tool 16) and the second engagement actuator (pressing tool 16) and thereby move the first engagement member (drive unit 10) and the second engagement member (drive unit 10; Paragraph [0019]);
[Claim 26] wherein the apparatus kit further comprises an electrical power source (battery 42) configured to operably power the first engagement actuator (pressing tool 16), the second engagement actuator (pressing tool 16), the first motor (motor unit 14, Paragraph [0016]), the second motor (motor unit 14), and the engage button (lever 34a; Paragraph [0017]); and
[Claim 27] wherein the wheelchair (wheelchair C) is a foldable wheelchair, and wherein the first motor (motor unit 14, Paragraph [0016]), the first exchange tab (base frame 12), the first engagement member (drive unit 10), the second motor (motor unit 14), the second exchange tab (base frame 12) and the second engagement member (drive unit 10) are configured to remain attached to the foldable wheelchair while leaving an open space located behind the seating area (seat C2) when the foldable wheelchair is in a folded or unfolded configuration (See Figs. #3 and #4 for an open space; “a drive unit can be attached to each side of the wheelchair, allowing the wheelchair to be folded with the drive unit still installed”, Paragraph [0026]). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Usherovich to include the electronic components in a foldable wheelchair, disclosed by Hirai, to enable the user automated control of the wheelchair while seated comfortably.
Claims 28 – 30 are rejected under 35 U.S.C. 103 as being unpatentable over Usherovich, in view of Japanese patent number JP 3742169 B2 to Matsushita.
Regarding claims 28 – 30, Usherovich discloses the apparatus kit of claim 1, but does not disclose:
[Claim 28] wherein an encoded digital identification is embedded within the first engagement member, and wherein the digital identification is stored in a database associated with a digital identification of a user of the apparatus;
[Claim 29] wherein an encoded digital identification is embedded within the first exchange tab, and wherein the digital identification is stored in a database associated with a digital identification of a user of the apparatus; and
[Claim 30] wherein an encoded digital identification is embedded within the first engagement member, wherein the encoded digital identification is embedded within the first exchange tab, and wherein the digital identification is stored in a database associated with a digital identification of a user of the apparatus.
However, Matsushita discloses a location system, usable with a wheelchair (Paragraph [0048]) wherein:
encoded digital identification (such as that on circuit board 12, Paragraph [0022]) is embedded within a wheelchair component (the responder may be attached to a wheelchair component, Paragraph [0048]), and wherein the digital identification is stored in a database (“The opening mechanism 43 and the hard disk device 44 capable of storing a large number of ID codes of the responder 1 as location search information and the corresponding telephone numbers of the report destinations are connected”, Paragraph [0025]) associated with the digital identification of a user of the apparatus (the ID code set on the responder 1, Paragraph [0022]). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Usherovich’s device to include encoded digital identification information, as taught by Matsushita above, to enable the wheelchair user to be located in case of an emergency.
Response to Arguments
Applicant’s arguments with respect to amended claim 1 have been considered but are moot in light of the Usherovich reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611