DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: In claim 21, the terms “attachment member”, “securement member” and “gap” lack antecedent basis in the specification.
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 21-25 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 21 recites the limitation “a wheel lock system”. It is unclear what is defined as the “wheel lock system”. The “wheel lock system” is broadly indicated as element 10 in the specification. Claims 1-20 also appears to indicate that the “wheel lock system” is a broad recitation of all the elements of the invention. Claims 21-25 appear to indicate that the limitation is a more specific element(s) but the limitation(s) is unclear.
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, 8, 9, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over West (US 2988175) in view of Easley et al. (US 6854754).
Re claim 1, West teaches a wheel lock system a first wheel and a first wheel lock plate (25) associated with said first wheel, said wheel lock plate having a first locking face, a first frame portion (11) proximate said first wheel lock plate and a second frame portion (12) separated from said first frame portion, said system comprising: a. a first control cable (37), said control cable having a first end and a second end opposite said first end; b. a first lock-pin (43), said first lock-pin being positioned proximate said first wheel lock plate and oriented toward said first wheel lock plate first locking face, said first lock-pin being selectively movable between a first position in which said first lock-pin engages said first wheel lock plate first locking face and a second position in which said first lock-pin does not engage said first wheel lock plate first locking face, said first lock-pin being operatively associated with said first end of said first control cable, said first control cable urging said first lock-pin between said first and second positions; c. a remote actuator , said actuator positioned proximate said second frame portion, said actuator comprising a grip (31), said grip being operatively associated with said second end of said first control cable, said grip moving between a first position in which said grip urges said first control cable to urge said first lock-pin into said first lock-pin first position and a second position in which said grip urges said first control cable to urge said first lock-pin into said first lock-pin second position; and d. a first biasing member (32), said first biasing member being positioned proximate said first control cable at a location apart from said first lock-pin, said first biasing member urging said first control cable to urge said first lock-pin toward said first lock-pin second position. (Fig. 1-4)
West does not teach wherein the wheel lock system comprises a wheelchair. Easley et al. teach a wheel lock system comprising a wheelchair (100). (Fig. 5) It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the wheel lock system of West in a wheelchair to simplify
Re claim 3, West as modified teaches wherein said first biasing member (32) is positioned proximate said remote actuator (31).
Re claim 8, West as modified teaches wherein said grip (31) is releasably lockable in one of said grip first position and said grip second position.
Re claim 9, West as modified teaches wherein said first biasing member (32) urges said grip (31) into said one of said grip first position and said grip second position.
Re claim 12, West as modified teaches wherein a remote actuator (106 – Easley et al.) attaches to a wheelchair proximate a wheelchair armrest (18, 20 – Easley et al.).
Re claim 13, West as modified teaches wherein said first wheel lock plate first locking face (25) comprises one of a hole, a groove, a depression and a detent (29), said one of a hole, a groove, a depression and a detent being shaped and sized to receive at least a portion of said first lock-pin (43) when said first lock-pin is in said first lock-pin first position, said first lock-pin being positioned and oriented relative to said first wheel lock plate for at least a portion of said first lock-pin to engage said one of a hole, a groove, a depression and a detent when said first lock-pin is in said first lock-pin first position.
Re claim 14, West wheel lock system comprising a first wheel and a first wheel lock plate (25) associated with said first wheel, said wheel lock plate having a locking plate with a plurality of locking openings (29), a first frame portion (11) proximate said first wheel lock plate and a second frame portion (12) separated from said first frame portion, said system comprising: a. a first control cable (37), said control cable having a first end and a second end opposite said first end; b. a first lock-pin (43), said first lock-pin being positioned proximate said first wheel lock plate and oriented toward said first wheel lock plate fist locking face, said first lock-pin being selectively movable between a first position in which said first lock-pin engages one of said plurality of locking openings and a second position in which said first lock-pin does not engage any of said locking openings, said first lock-pin being operatively associated with said first end of said first control cable, said first control cable urging said first lock- pin between said first and second positions; c. a remote actuator (31), said actuator positioned proximate said second frame portion, said actuator comprising a grip, said grip being operatively associated with said second end of said first control cable, said grip moving between a first position in which said grip urges said first control cable to urge said first lock-pin into said first lock-pin first position and a second position in which said grip urges said first control cable to urge said first lock-pin into said first lock- pin second position; and d. a first biasing member (32), said first biasing member being positioned proximate said first control cable at a location separate from said first lock-pin, said first biasing member urging said first control cable to urge said first lock-pin toward said first lock-pin second position. (Fig. 1-4)
West does not teach wherein the wheel lock system comprises a wheelchair. Easley et al. teach a wheel lock system comprising a wheelchair (100). (Fig. 5) It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the wheel lock system of West in a wheelchair to simplify
Allowable Subject Matter
Claims 2, 4-7, 10, 11, 15-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Landry et al., Roberts et al., Roberts, Norton et al., Ebersole, Deutsch et al., Murphy teach similar wheel lock systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELANIE TORRES WILLIAMS whose telephone number is (571)272-7127. The examiner can normally be reached Tuesday - Friday 7:00AM-3:00PM.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616