DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn et al (US 8,517,401 B1).
Regarding claim 1¸ as seen in fig 1, Horn et al (‘401) discloses a lifting platform (fig5) comprising:
a base 12,28 (col.2 lines13-16);
a riser portion 46 (col.2 line41) attached to the base 12,28 (fig5);
a riser insert (col.2 lines50-53, figA, a portion which is slidably inserted into the riser portion 46) slidable within the riser portion 46 (col.2 lines50-53, figs1-2,5);
a cradle 56 (col.2 line56, figs1) attached to the riser insert (figs1-2,A) and configured to lift a portion of an object (col.2 lines57-59); and
a handle (figA, an outer tube portion of a leverage bar 36, col.2 line28) extending from the riser portion 46 (as seen in fig 5, the handle is indirectly extending from the riser portion via the base; It is noted that claim does not require the handle to be directly attached to the riser portion).
However, Horn et al does not explicitly disclose that the lifting platform is used as a wheelchair lifting platform. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Horn et al discloses each and every positively claimed structural limitations in the claim, therefore, it is clear that the lifting platform of Horn et al can be used as a wheelchair lifting platform and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lifting platform of Horn et al as a wheelchair lifting platform to provide versatile uses of the lifting platform.
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Regarding claim 2¸ Horn et al teaches the wheelchair lifting platform of claim 1, wherein the cradle 56 is curved in shape (fig5).
Regarding claim 3¸ Horn et al teaches the wheelchair lifting platform of claim 1, wherein a height of the riser insert is adjustable by sliding the riser insert outward from the riser portion 46 (col.2 lines48-53).
Regarding claim 4¸ Horn et al teaches the wheelchair lifting platform of claim 1, wherein the base 12,28 comprises a first portion 28 (col.2 line14) perpendicular to the riser portion 46 (fig1) and a second portion 12 (col.2 line10) along a different lateral axis (fig5) than the first portion 12 (fig5).
Regarding claim 5¸ Horn et al teaches the wheelchair lifting platform of claim 4, wherein the cradle 56 is configured to engage the portion of the object when the first portion 28 of the base 12,28 is on the ground (fig1) and when the second portion 12 of the base 12,28 is on the ground (fig2). As aforementioned, the lifting platform of the Horn et al can be used as the wheelchair lifting platform, therefore, it is clear that the cradle of Horn et al is capable to engage a camber tube of the wheelchair.
Regarding claim 6, Horn et al teaches the wheelchair lifting platform of claim 4, wherein pushing (downward, fig1) or pulling the handle causes the base 12,28 to move from a first position (fig1) with the second portion 12 on the ground while the cradle 56 engages the portion of the object to a second position (fig2) with the first portion 28 on the ground while the cradle 56 engages the portion of the objection (figs1-2). As aforementioned, the lifting platform of the Horn et al can be used as the wheelchair lifting platform, therefore, it is clear that the cradle of Horn et al is capable to engage a camber tube of the wheelchair.
Regarding claim 7¸ Horn et al teaches the wheelchair lifting platform of claim 1, further comprising a handle insert (figA, col.2 lines34-36) slidable within the handle to adjust a length of the handle insert extending from the handle (col.2 lines34-36).
Regarding claim 8, as seen in fig 1, Horn et al (‘401) discloses a lifting platform (fig5) comprising:
a riser portion 46 (col.2 line41);
a riser insert (col.2 lines50-53, figA, a portion which is slidably inserted into the riser portion 46) slidable within the riser portion 46 (col.2 lines50-53, figs1-2,5);
a cradle 56 (col.2 line56, figs1) attached to the riser insert (figs1-2,A) and configured to lift a portion of an object (col.2 lines57-59); and
a handle (figA, an outer tube portion of a leverage bar 36, col.2 line28) extending from the riser portion 46 (as seen in fig 5, the handle is indirectly extending from the riser portion via an element 12; It is noted that claim does not require the handle to be directly attached to the riser portion).
However, Horn et al does not explicitly disclose that the lifting platform is used as a wheelchair lifting platform. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Horn et al discloses each and every positively claimed structural limitations in the claim, therefore, it is clear that the lifting platform of Horn et al can be used as a wheelchair lifting platform and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lifting platform of Horn et al as a wheelchair lifting platform to provide versatile uses of the lifting platform.
Regarding claim 9¸ Horn et al teaches the wheelchair lifting platform of claim 8, further comprising: a base 12,28 (col.2 lines13-16) attached to the riser portion 46 (figs1,5).
Regarding claim 10, Horn et al teaches the wheelchair lifting platform of claim 9, further comprising at least one gusset (figB) attached to the base 12,28 and configured to stabilize the riser portion 46.
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Regarding claim 11¸ Horn et al teaches the wheelchair lifting platform of claim 9, wherein the base 12,28 comprises a first portion 28 (col.2 line14) perpendicular to the riser portion 46 (fig1) and a second portion 12 (col.2 line10) along a different lateral axis (fig5) than the first portion 12 (fig5).
Regarding claim 12, Horn et al teaches the wheelchair lifting platform of claim 11, wherein the cradle 56 is configured to engage the portion of the object when the first portion 28 of the base 12,28 is on the ground (fig1) and when the second portion 12 of the base 12,28 is on the ground (fig2). As aforementioned, the lifting platform of the Horn et al can be used as the wheelchair lifting platform, therefore, it is clear that the cradle of Horn et al is capable to engage a camber tube of the wheelchair.
Regarding claim 13¸ Horn et al teaches the wheelchair lifting platform of claim 11, wherein pushing (downward, fig1) or pulling the handle causes the base 12,28 to move from a first position (fig1) with the second portion 12 on the ground while the cradle 56 engages the portion of the object to a second position (fig2) with the first portion 28 on the ground while the cradle 56 engages the portion of the objection (figs1-2). As aforementioned, the lifting platform of the Horn et al can be used as the wheelchair lifting platform, therefore, it is clear that the cradle of Horn et al is capable to engage a camber tube of the wheelchair.
Regarding claim 14¸ Horn et al teaches the wheelchair lifting platform of claim 8, wherein the cradle 56 is curved in shape (fig5).
Regarding claim 15¸ Horn et al teaches the wheelchair lifting platform of claim 8, wherein a height of the riser insert is adjustable by sliding the riser insert outward from the riser portion 46 (col.2 lines48-53).
Regarding claim 16¸ Horn et al teaches the wheelchair lifting platform of claim 8, further comprising a handle insert (figA, col.2 lines34-36) slidable within the handle (col.2 lines34-36)
Regarding claim 17¸ Horn et al teaches the wheelchair lifting platform of claim 16, wherein a length of the handle insert extending from the handle is slidably adjustable (col.2 lines34-36).
Regarding claim 18¸ as seen in fig 1, Horn et al (‘401) discloses a lifting platform (fig5) comprising:
a riser insert (col.2 lines50-53, figA, a portion which is slidably inserted into the riser portion 46) slidable within a riser portion 46 (col.2 lines41,50-53, figs1-2,5);
a cradle 56 (col.2 line56, figs1) attached to the riser insert (figs1-2,A) and configured to lift a portion of an object (col.2 lines57-59); and
a handle (figA, an outer tube portion of a leverage bar 36, col.2 line28) extending from the riser portion 46 (as seen in fig 5, the handle is indirectly extending from the riser portion via an element 12; It is noted that claim does not require the handle to be directly attached to the riser portion).
However, Horn et al does not explicitly disclose that the lifting platform is used as a wheelchair lifting platform. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Horn et al discloses each and every positively claimed structural limitations in the claim, therefore, it is clear that the lifting platform of Horn et al can be used as a wheelchair lifting platform and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lifting platform of Horn et al as a wheelchair lifting platform to provide versatile uses of the lifting platform
Regarding claim 19, Horn et al teaches the wheelchair lifting platform of claim 18, further comprising: a base 12,28 (col.2 lines13-16) attached to the riser portion 46 (figs1,5); and at least one gusset (figB) attached to the base 12,28 and configured to stabilize the riser portion 46.
Regarding claim 20¸ Horn et al teaches the wheelchair lifting platform of claim 19, wherein the base 12,28 comprises a first portion 28 (col.2 line14) perpendicular to the riser portion 46 (fig1) and a second portion 12 (col.2 line10) along a different lateral axis (fig5) than the first portion 12 (fig5).
Conclusion
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/SEAHEE HONG/Primary Examiner, Art Unit 3723