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
Claim 1, 4, and 8 objected to because of the following informalities:
Regarding claim 1, 4 and 8,
“a human body” or “the human body” should read “a user” or “the user”.
Regarding claim 1,
“contacting one or both of knees and lower legs” should read “contacting a first or second knee and a first or second lower leg”.
“contacting one or both buttocks and upper legs” should read “contacting a first or second buttock and a first or second upper leg”.
“the back side” should read “a back”.
“contacts one or both of upper limbs and head” should read “contacts first or second upper limbs and a head”.
“contact soles” should read “a first and second contact sole”.
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.
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.
Claim 1-9 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 1 recites the limitation "the front side" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the back side" in line 10. There is insufficient antecedent basis for this limitation in the claim.
The term “defined range in the from at least one of the front and back directions” in 1 is a relative term which renders the claim indefinite. The term “defined range in the front and back directions” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim 1 states that a user is placed within defined range in front and back directions. It is unclear what is the defined range in which a user would be placed. Additionally, placing a user within a front and back direction is unclear.
Claim 2-9 are additionally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 1).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller (US20200237474A1).
Regarding claim 1,
Muller teaches A support mechanism that supports a user taking a nap or resting in an upright position, the support mechanism comprising: a first support member (Muller: FIG. 1 [Col. 5 14] A knee pad 112) that has a slope facing upward in the up and down directions (Muller: FIG. 1 [Col. 5 18-19] knee pad 112 is pivotally or stably connected to the knee pad support bar 114) and supports a human body from below by contacting one or both of knees (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest) and lower legs of the human body from the front side of the human body (Muller: FIG. 1 [] Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a second support member (Muller: FIG. 1 [5 42] seat pad 116) that is disposed at a different position from the first support member when viewed from the up and down directions (Muller: FIG. 1 [Col. 41-43] seat pad 116 is connected to the elevating base surface 102 such that the seat pad 116 is supported by a seat pad strut 118) and supports the human body from below by contacting one or both of buttocks and upper legs of the human body from the back side of the human body (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a third support member (Muller: FIG. 1 [5 55] chest pad 122) that is disposed at a position above the first support member and the second support member (Muller: FIG. 1 [Col. 5 54-55] the chest pad support bar 126 is used to support a chest pad 122 ), contacts one or both of upper limbs and head of the human body so that the upper limbs and head are placed within a defined range in the front and back directions (Muller: FIG. 1 [Col. 7 32-33] foldable chest pad 208 to slide up and down across the plane of the chest of the user), and supports the human body from at least one of the front and back directions (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a fourth support member (Muller: FIG. 1 [Col. 4 58] foot platform 103) that is arranged at a position lower than the first support member and the second support member and closer to the second support member than the first support member in the front and back directions when viewed from the up and down directions (Muller: FIG. 1 [Col. 4 58] elevating base surface 102 having a foot platform 103), and that contacts soles of the human body (Muller: FIG. 1 [Col. 4 59] with an appropriate angle for the feet of the user 132) so that the legs are in a tilted posture with respect to the up and down directions and supports the human body from below (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest and also allows the user 132 to adopt a forward-leaning posture while redistributing the user's bodyweight);
and, a movement mechanism moves one or two of the first support member (Muller: FIG. 1 [Col. 6 44] knee, seat, and chest support bar 118 114), the second support member (Muller: FIG. 1 [5 42] seat pad 116), and the fourth support member relative to the other one in the up and down directions (Muller: FIG. 1 [Col. 4 58] foot platform 103).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US20200237474A1) in view of Finlay (US20100064440A1).
Regarding claim 2,
Muller teaches A support device, comprising: a support mechanism that supports a user taking a nap or resting in an upright position, the support mechanism comprising: a first support member (Muller: FIG. 1 [Col. 5 14] A knee pad 112) that has a slope facing upward in the up and down directions (Muller: FIG. 1 [Col. 5 18-19] knee pad 112 is pivotally or stably connected to the knee pad support bar 114) and supports a human body from below by contacting one or both of knees and lower legs of the human body from the front side of the human body (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a second support member (Muller: FIG. 1 [5 42] seat pad 116) that is disposed at a different position from the first support member when viewed from the up and down directions (Muller: FIG. 1 [Col. 41-43] seat pad 116 is connected to the elevating base surface 102 such that the seat pad 116 is supported by a seat pad strut 118) and supports the human body from below by contacting one or both of buttocks and upper legs of the human body from the back side of the human body (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a third support member (Muller: FIG. 1 [5 55] chest pad 122) that is disposed at a position above the first support member and the second support member (Muller: FIG. 1 [Col. 5 54-55] the chest pad support bar 126 is used to support a chest pad 122 ), contacts one or both of upper limbs and head of the human body so that the upper limbs and head are placed within a defined range in the front and back directions (Muller: FIG. 1 [Col. 7 32-33] foldable chest pad 208 to slide up and down across the plane of the chest of the user), and supports the human body from at least one of the front and back directions (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest); a fourth support member (Muller: FIG. 1 [Col. 4 58] foot platform 103) that is arranged at a position lower than the first support member and the second support member and closer to the second support member than the first support member in the front and back directions when viewed from the up and down directions (Muller: FIG. 1 [Col. 4 58] elevating base surface 102 having a foot platform 103), and that contacts soles of the human body (Muller: FIG. 1 [Col. 4 59] with an appropriate angle for the feet of the user 132) so that the legs are in a tilted posture with respect to the up and down directions and supports the human body from below (Muller: FIG. 1 [Col. 6 58-59] system 100 provides support to the bodyweight of the user 132 at the shins or knees, buttocks, feet, and chest and also allows the user 132 to adopt a forward-leaning posture while redistributing the user's bodyweight); a movement mechanism moves one or two of the first support member (Muller: FIG. 1 [Col. 6 44] knee, seat, and chest support bar 118 114), the second support member (Muller: FIG. 1 [5 42] seat pad 116), and the fourth support member relative to the other one in the up and down directions (Muller: FIG. 1 [Col. 4 58] foot platform 103);
Muller, as modified, does not teach and, a controller that controls the movement mechanism.
Finlay teaches and, a controller that controls the movement mechanism (Finlay: FIG. 1 [0052] the ability to operate the controls of the patient support device 1 will be preferable).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including a control to operate a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient or physician modify the patient device (Finlay: [0052]).
Regarding claim 3,
Muller, as modified, teaches The support device according to claim 2.
Muller, as modified, does not teach wherein the controller controls the moving mechanism so that the second support member moves relative to the first support member, and the fourth support member in the up and directions.
Finlay teaches wherein the controller controls the moving mechanism so that the second support member moves relative to the first support member (Finlay: FIG. 1 [0051] lower leg support 4) and the fourth support member in the up and directions (Finlay: FIG. 1 [0051] single actuator 12 which tilts the gluteal support 3, the lower leg support 4 and the foot support 8).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including a control to operate a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient or physician modify the patient device (Finlay: [0052]).
Claim(s) 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US20200237474A1) in view of Finlay (US20100064440A1) in further view of Schon (US7093900B1).
Regarding claim 4,
Muller, as modified, teaches The support device according to claim 3, further comprising a plurality of sensors that are attached to each of the first support member (Muller: FIG. 1 [Col. 5 14] A knee pad 112), so that the ratio of each measurement value of the plurality of sensors is within a predetermined ratio range (Muller: FIG. 1 [Col. 5 35-40] In one embodiment, 30-60% of the weight of a user is distributed to the feet, 10-30% to the knees, 10-40% to the seat, and 0-15% to the chest. In another embodiment, as a percentage of body weight the system may distribute 20-70% weight to the feet, 5-40% to the knees, 5-60% to the seat, and 0-25% to the chest).
Muller, as modified, does not teach and measure loads or pressures received from the human body in contact with the plurality of sensors, and are communicably connected to the controller, wherein the controller controls the movement mechanism.
Finlay teaches and are communicably connected to the controller (Finlay: FIG. 1 [0052] the ability to operate the controls of the patient support device 1), wherein the controller controls the movement mechanism (Finlay: FIG. 1 [0052] the ability to operate the controls of the patient support device 1).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including a control to operate a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient or physician modify the patient device (Finlay: [0052]).
Finlay does not teach the second support member, and the fourth support member and measure loads or pressures received from the human body in contact with the plurality of sensors.
Schon teaches the second support member (Muller: FIG. 1 [5 42] seat pad 116), and the fourth support member (Muller: FIG. 1 [Col. 4 58] foot platform 103) and measure loads or pressures received from the human body in contact with the plurality of sensors (Schon: FIG. 1b [Col. 5 1-2] sensor may be provided on the seat to monitor the movement).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, and Finlay in view of Schon directed to including sensors in the seats and other platforms interacting with a user. A person having ordinary skill in the art would have been motivated to make this modification in order to monitor user movement (Schon: [Col. 5 1-2]).
Regarding claim 5,
Muller, as modified, teaches The support device according to claim 3.
Muller, as modified, does not teach further comprising a user interface that is communicably connected to the controller and transmits requests from the user to the controller, wherein the controller controls the movement mechanism so that the ratio of each measurement value of the plurality of sensors falls within the predetermined ratio range, when the controller receives a request to start using from the user via the user interface.
Finlay teaches further comprising a user interface that is communicably connected to the controller and transmits requests from the user to the controller (Finlay: FIG. 1 [0052] the ability to operate the controls of the patient support device 1 will be preferable), wherein the controller controls the movement mechanism so that the ratio of each measurement value of the plurality of sensors falls within the predetermined ratio range (Finlay: FIG. 1 [0052] the ability to operate the controls of the patient support device 1 will be preferable), when the controller receives a request to start using from the user via the user interface (Finlay: FIG. 1 [0052] patient support device 1, or a portable device carried by a patient, may be provided with a memory in which settings for one or more individual patients may be store).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including a control to operate a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient or physician modify the patient device (Finlay: [0052]).
Regarding claim 6,
Muller, as modified, teaches The support device according to 5, the controller controls the moving mechanism so that a ratio of the measured values of the plurality of sensors that is within the predetermined ratio range is outside the predetermined ratio range (Muller: FIG. 1 [Col. 5 35-40] In one embodiment, 30-60% of the weight of a user is distributed to the feet, 10-30% to the knees, 10-40% to the seat, and 0-15% to the chest. In another embodiment, as a percentage of body weight the system may distribute 20-70% weight to the feet, 5-40% to the knees, 5-60% to the seat, and 0-25% to the chest).
Muller, as modified, does not teach wherein when usage time is transmitted from the user via the user interface and the usage time has elapsed.
Finlay teaches wherein when usage time is transmitted from the user via the user interface and the usage time has elapsed (Finlay: FIG. 1 [0056] the support elements follow a motion cycle so that, over a time period, each support element 15 is withdrawn in turn from the patient's body).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including a time period cycle that is measured in a patent support system. A person having ordinary skill in the art would have been motivated to make this modification in order to measure the time a patient cycles through various movement configurations (Finlay: [0032]).
Regarding claim 7,
Muller, as modified, teaches The support device according to claim 6.
Muller, as modified, does not teach wherein the controller controls the moving mechanism during a period from when the usage time is transmitted from the user via the user interface until the usage time has elapsed so that the ratio of each measurement value of the plurality of sensors varies within the predetermined ratio range.
Finlay teaches wherein the controller controls the moving mechanism (Finlay: FIG. 1 [0056] the ability to operate the controls of the patient support device 1) during a period from when the usage time is transmitted from the user via the user interface until the usage time has elapsed so that the ratio of each measurement value of the plurality of sensors varies within the predetermined ratio range (Finlay: FIG. 1 [0056] the support elements follow a motion cycle so that, over a time period, each support element 15 is withdrawn in turn from the patient's body so that each area of the patient's body has a respite from pressure).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including an actuation system for the lower leg supports in a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient to cycle through various movement configurations (Finlay: [0032]).
Regarding claim 8,
Muller, as modified, teaches The support device according to 7.
Muller, as modified, does not teach wherein the second support member has a seat that contacts one or both of buttocks and upper legs of the human body, and a link mechanism that connects the seat and the moving mechanism as the seat is moved upward by the moving mechanism, posture of the seat is changed so that the angle formed by a link included in the link mechanism along the up and down directions becomes wider.
Finlay teaches wherein the second support member has a seat that contacts one or both of buttocks and upper legs of the human body (Finlay: FIG. 1 [0051] the movement cycle is powered using a single actuator 12 which tilts the gluteal support 3, the lower leg support 4 and the foot support 8), and a link mechanism that connects the seat and the moving mechanism (Finlay: FIG. 1 [0044] gluteal support 3, lower leg support 4, 4a and foot support 8 will all be supported on a central support pillar 12) as the seat is moved upward by the moving mechanism (Finlay: FIG. 1 [0051] the movement cycle is powered using a single actuator 12), posture of the seat is changed so that the angle formed by a link included in the link mechanism along the up and down directions becomes wider (Finaly: FIG. 1 [0051] the movement cycle is powered using a single actuator 12 which tilts the gluteal support 3, the lower leg support 4 and the foot support 8).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Finlay directed to including an actuation system for the lower leg supports in a patient device. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a patient to cycle through various movement configurations (Finlay: [0032]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US20200237474A1) in view of Finlay (US20100064440A1) in further view of Schon (US7093900B1) in further view of Sato (JP2020099444A).
Regarding claim 9,
Muller teaches The support device according to 8.
Muller, as modified, does not teach further comprising a housing surrounding the support mechanism, the housing having a door through which a user can enter and exit.
Sato teaches further comprising a housing surrounding the support mechanism (Sato: FIG. 1 [0044] human body storage structure 1), the housing having a door through which a user can enter and exit (Sato: FIG. 1 [0045] side wall plate 5 functions as a hinged opening/closing door).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Muller, as modified, in view of Sato directed to including a human storage structure. A person having ordinary skill in the art would have been motivated to make this modification in order to enable a human body to rest (Sato: [0021]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
12/23/2025