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
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) 1-3, 5-7, 16-18, 21, 42-46, 48-50 and 59-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2006/0056616 to Heimbrock.
Claims 1 and 43-44, Heimbrook discloses a bed 10 for a patient, the bed extending longitudinally along a longitudinal axis between a head or rear end and a foot
or front end and extending transversely along a transversal axis between a left side and
right side, the bed comprising a patient support assembly comprising a patient surface
16 for supporting the patient; a frame 14, the patient support assembly being mounted
to the frame; a base frame 12 comprising a head member defined by a head end and a
foot member defined by a foot end, the frame being mounted to the base frame; and a
siderail (18,26) comprising a bottom edge, a top edge, a rear edge, a front edge, and a
panel extending longitudinally between the rear and front edges and extending upwardly
from the bottom edge to the top edge (fig. 1-2), the panel comprising an inner wall 350
facing the patient surface, an outer wall 258 opposite the inner wall, a bottom wall defined by a bottom angled cut out 79 extending along the inner wall and inwardly
towards the patient surface, the angled cut out comprising a top surface and an inner surface facing the patient surface (fig. 3A), and an inner projection defined by a lip 120 extending upwardly from a portion of the bottom angled cut out, the lip comprising a top edge, an outer surface facing the patient surface, and an inner surface facing a portion of the inner wall, wherein a hollow space 262 to receive an electronic device 20 defined by the top surface of the bottom angled cut out, the inner surface of the inner projection and the portion of the inner wall (3A) wherein the bottom angled cut out 79 extends along the inner wall towards the top edge at an angle (fig. 3A), but is silent to the angle being between 20° and 40° relative to the longitudinal axis. Selecting a range of angles to the longitudinal axis is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the angles stated above with a reasonable expectation of success because it would have provided an equivalent and alternative angle for the bottom angle cut out.
Claim 2 and 45, Heimbrook discloses the bed, wherein the lip is integrally molded with the bottom angled cut out (fig. 3A).
Claim 3 and 46 Heimbrook discloses the bed wherein the lip is secured to the angled cut out.
Claims 5 and 48, Heimbrook discloses to the bed wherein the panel comprises a rear wall defined by a top angled cut out 79 extending upwardly along the inner wall and inwardly towards the patient surface, the rear wall comprising a front surface and an inner surface facing the patient surface, wherein the top angle cut and the bottom angle cut are joined together at a rear corner, wherein the hollow space is defined therebetween the front surface of the top angle cut out, the top surface of the bottom angle cut out, the inner surface of the inner projection and the portion of the inner wall (fig. 3A).
Claims 6 and 49, Heimbrook discloses the bed wherein the panel comprises a front wall defined by a surface 266 extending upwardly along the inner wall and inwardly towards the patient surface, the surface comprising a rear surface and an inner surface facing the patient surface, wherein the surface and the bottom angle cut out are joined together at a front corner, wherein the hollow space is defined therebetween the rear surface of the front wall, the front surface of the rear wall, the top surface of the bottom angle cut, the inner surface of the inner projection and the portion of the inner wall (fig. 3A).
Claim 7 and 50, Heimbrook discloses the bed, but is silent of the top angle cut out extending extending upwardly along the inner wall over a length between 70 mm and 125 mm, having an angle between 50° and 70° relative to the longitudinal axis, the surface 266 extending upwardly along the inner wall over a length between 35 mm and 65 mm, the bottom wall extending inwardly toward the patient surface over a length between 10 mm and 15 mm, the bottom angle cut extending upwardly along the inner wall over a length between 175 mm and 200 mm, or an angle between 2° and 8° relative to the transversal axis, the portion from which the inner projection extends
having a length between 100 mm and 150 mm, and the inner projection extending
upwardly up to the top edge of the inner projection over a length between 30 mm and
50 mm. Selecting from a range of dimensions for the structural elements as stated
above is considered an obvious modification and it would have been obvious for one
having ordinary skill in the art before the effective filing date of the invention to select
the range of dimensions stated above with a reasonable expectation of success
because it would have provided an equivalent and alternative dimensions for the bed of
Heimbrook.
Claim 16, Heimbrook discloses the bed comprising a backrest for supporting a patient's head, and the electronic device abuts against the top surface of the bottom wall and the front surface of the rear wall (fig. 1-2, 8, & 11-12).
Claim 17, Heimbrook discloses the bed, comprising a backrest for supporting a patient's
head, wherein, when the backrest is at an angle between 50° and 90° relative to the
longitudinal axis, the electronic device abuts against the top surface of the bottom wall
and the rear surface of the front wall (fig. 1-2).
Claims 18 and 60, Heimbrook discloses the bed wherein the portion of the inner wall is a recessed portion defined by inner wall portions of the inner wall (fig. 3A).
Claim 21, 42, and 59, Heimbrook discloses the bed wherein the inner projection comprises a rear edge and a front edge wherein the rear edge, top edge, or front edge of the inner projection comprises a hook defined by a retraction mechanism and passage (76,268) for at least partially retaining a cable of the electronic device.
Claim(s) 19-20, 22-24, 26-28, and 37-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2006/0056616 to Heimbrock in view U.S. Pub. No. 2015/0164722 to Roussy et al.
Claims 19 and 40, Heimbrook discloses the bed, but is silent to first and second
mounting members and first and second connecting arms. Roussy discloses first and
second mounting members defined by housings 506 and first and second connecting
arms 504 between a siderail 110 comprising first and second top end pivotably
connected to the siderail and first and second bottom ends pivotably connected to the
first and second mounting members, the first and second top ends comprising first and
second top projections defined by pivot shafts extending along first and second top pivot
axes and the first and second bottom ends comprising first and second bottom projections extending along first and second bottom pivot axes (fig. 5A,5B,7A,7B,8A)[0081][0082]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the mounting members defined by Roussy with the bed of Heimbrook with a reasonable expectation of success because it would have provided an equivalent and alternative means to mount the siderails to the frame of Heimbrook.
Claims 20 and 41, Heimbrook discloses the bed wherein the first and second connecting arms pivot relative to the siderail about the first and second top pivot axes and relative to the first and second mounting members about the first and second bottom pivot axes to allow the siderail to pivot along an arcuate path relative to the first and second mounting members when pivoting between a lowered position and a raised position, and wherein the first and second top and bottom pivot axes are parallel to each other and angled downwardly relative to a horizontal plane such that, in use, the first and second connecting arms are in an arm plane that is angled outwardly from the patient support assembly when the siderail is in the raised position [0081][0082].
Claim 22, Heimbrook discloses a bed 10 for a patient, the bed extending longitudinally along a longitudinal axis between a head or rear end and a foot or front end and extending transversely along a transversal axis between a left side and right side, the bed comprising a patient support assembly comprising a patient surface 16 for supporting the patient; a frame 14, the patient support assembly being mounted to the frame; a base frame 12 comprising a head member defined by a head end and a foot member defined by a foot end, the frame being mounted to the base frame; and a siderail (18,26) comprising a bottom edge, a top edge, a rear edge, a front edge, and a
panel extending longitudinally between the rear and front edges and extending upwardly
from the bottom edge to the top edge (fig. 1-2), the panel comprising an inner wall 350
facing the patient surface, an outer wall 258 opposite the inner wall, a bottom wall
defined by a bottom angled cut out 79 extending along the inner wall and inwardly
towards the patient surface, the angled cut out comprising a top surface and an inner
surface facing the patient surface (fig. 3A), and an inner projection defined by a lip 120
extending upwardly from a portion of the bottom angled cut out, the lip comprising a top
edge, an outer surface facing the patient surface, and an inner surface facing a portion
of the inner wall, wherein a hollow space 262 to receive an electronic device 20 defined
by the top surface of the bottom angled cut out, the inner surface of the inner projection
and the portion of the inner wall (3A) wherein the bottom angled cut out 79 extends along the inner wall towards the top edge at an angle (fig. 3A), but is silent to the angle being between 20° and 40° relative to the longitudinal axis. Selecting a range of angles to the longitudinal axis is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the angles stated above with a reasonable expectation of success because it would have provided an equivalent and alternative angle for the bottom angle cut out. Heimbrook is silent to first and second mounting members and first and second connecting arms. Roussy discloses first and second mounting members defined by housings 506 and first and second connecting arms 504 between a siderail 110 comprising first and second top end pivotably connected to the siderail and first and second bottom ends pivotably connected to the first and second mounting members, the first and second top ends comprising first and second top projections defined by pivot shafts extending along first and second top pivot axes and the first and second bottom ends comprising first and second bottom projections extending along first and second bottom pivot axes (fig. 5A,5B,7A,7B,8A)[0081][0082]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the mounting members defined by Roussy with the bed of Heimbrook with a reasonable expectation of success because it would have provided an equivalent and alternative means to mount the siderails to the frame of Heimbrook.
Claim 23, Heimbrook discloses the bed, wherein the lip is integrally molded with the bottom angled cut out (fig. 3A).
Claim 24, Heimbrook discloses the bed wherein the lip is secured to the angled cut out.
Claim 26, Heimbrook discloses to the bed wherein the panel comprises a rear wall defined by a top angled cut out 79 extending upwardly along the inner wall and inwardly towards the patient surface, the rear wall comprising a front surface and an inner surface facing the patient surface, wherein the top angle cut and the bottom angle cut are joined together at a rear corner, wherein the hollow space is defined therebetween the front surface of the top angle cut out, the top surface of the bottom angle cut out, the inner surface of the inner projection and the portion of the inner wall (fig. 3A).
Claim 27, Heimbrook discloses the bed wherein the panel comprises a front wall defined by a surface 266 extending upwardly along the inner wall and inwardly towards the patient surface, the surface comprising a rear surface and an inner surface facing the patient surface, wherein the surface and the bottom angle cut out are joined together at a front corner, wherein the hollow space is defined therebetween the rear surface of the front wall, the front surface of the rear wall, the top surface of the bottom angle cut, the inner surface of the inner projection and the portion of the inner wall (fig. 3A).
Claim 28, Heimbrook discloses the bed, but is silent of the top angle cut out extending extending upwardly along the inner wall over a length between 70 mm and 125 mm, having an angle between 50° and 70° relative to the longitudinal axis, the surface 266 extending upwardly along the inner wall over a length between 35 mm and 65 mm, the bottom wall extending inwardly toward the patient surface over a length between 10 mm and 15 mm, the bottom angle cut extending upwardly along the inner wall over a length between 175 mm and 200 mm, or an angle between 2° and 8° relative to the transversal axis, the portion from which the inner projection extends having a length between 100 mm and 150 mm, and the inner projection extending upwardly up to the top edge of the inner projection over a length between 30 mm and 50 mm. Selecting from a range of dimensions for the structural elements as stated above is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to select the range of dimensions stated above with a reasonable expectation of success because it would have provided an equivalent and alternative dimensions for the bed of Heimbrook.
Claims 37-38, Heimbrook discloses the bed, comprising a backrest for supporting a patient's head, wherein, when the backrest is at an angle between 1° and 40° or 50° and 90° relative to the longitudinal axis, the electronic device abuts against the top surface of the bottom wall and the rear surface of the front wall (fig. 1 & 2).
Claim 39, Heimbrook discloses the bed wherein the portion of the inner wall is a recessed portion defined by inner wall portions of the inner wall (fig. 3A).
Response to Arguments
Applicant's arguments filed 01/13/2029 have been fully considered but they are not persuasive. PRINCIPLES OF LAW "Section 103 forbids issuance of a patent when 'the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.'" KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1734 (2007). "If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability." Id. at 1740. As previously stated, Heimbrook discloses a bottom wall defined by a bottom angled cut out 79 wherein the bottom angled cut out 79 extends along the inner wall towards the top edge at an angle (fig. 3A). Merely selecting a range of angles for the bottom angle cut out to extend to the longitudinal axis is considered an obvious modification and it would have yielding predictable results to select but is silent angles ranging between 20° and 40° relative to the longitudinal axis since it would have provided an equivalent and alternative angle for the bottom angle cut out. Furthermore, in order to establish unexpected results over a claimed range, the Applicants would need to compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 CPA 1960). The test must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness. In re Burckel, 592 F.2d 1175, 201 USPQ 67 (CCPA 1979).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 5,370,246 to Traynor discloses an article to store items on a side rail.
U.S. Pat. No. 6,253,399 to Wagner discloses an article to store items on a side rail.
THIS ACTION IS MADE FINAL. 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 FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached on (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679