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 .
This communication is in response to application No. 18/658,871 Patient Transport Apparatus with Handle Assembly; filed on 12/11/2023. Claims 1 - 20 are currently pending and have been examined.
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.
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Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reed (US 2009/0230638 A1) in view of Goldenberg (US 5,175,873).
Regarding claim 1, Reed discloses;
A patient transport apparatus (chair system 1; fig. 2) operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
a support structure (legs 6 and 23) including an intermediate arm (side rail 24; fig. 2) defining a catch (lock pin holes 51/52; fig. 8, paragraph 46);
a seat section (seat 2) for supporting the patient, the seat section being pivotably coupled to the support structure about a rear seat axis (seat attached to back legs at pivots; fig. 2);
a track assembly (track frames and belt 30/35) arranged for movement relative to the support structure between a chair configuration for traversing floor surfaces and a stair configuration for traversing stairs (fig. 2 illustrates the track in the stair configuration, fig 23 illustrates the track in the stowed position.)
the track assembly coupled to the support structure for movement between a stowed position and a deployed position for engaging stairs; (track assembly is connected to the chair frame at the lower end by the track assembly mount (60) and along the sides by the track links (34); fig. 1)
a front handle (side rail handle 25; fig. 3) assembly supported within the intermediate arm for movement between: a collapsed position, and an extended position for assisting the track assembly in transporting patients along stairs, (paragraph 34 describes the handle as telescoping to assist users of the chair while transporting a patient.)
the front handle assembly including:
an extension defining an inner chamber and having a first end and a second end, (side rail handle (25) is internal to the side rail (24) and has a first end at the bushing (61) and a second end at the grip (56); fig. 8, paragraph 46)
the first end disposed in sliding engagement with the intermediate arm of the support structure; (paragraph 46)
a pivot bar (lock bar 50; fig. 8) pivotably supported within the inner chamber of the extension to the front handle about a pivot axis,
the pivot bar extending between a latch end (end with lock pin; fig. 8, paragraph 46) shaped for releasable engagement with the catch (pin hole 51) of the intermediate arm, and an engagement end (button end near button 54; fig. 8);
a button (lock bar button 54; fig. 8, paragraph 46) movably supported by the brace body, and
an interface (button 54 is connected to lock bar (50) with a vertically extending portion as seen in fig. 8) arranged to contact the engagement end of the pivot bar in response to user engagement with the button to disengage the latch end from the catch in response to pivoting movement of the pivot bar;
a grip shell (grip 56) disposed over the second end of the extension, the grip shell being coupled to the extension (handle 25).
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Reed does not disclose a selector defining a brace body, a grip shell defining a window, or the grip shell retaining the selector. However, Goldenberg teaches;
a selector (control key 32) defining a brace body (elastomeric keypad 30; fig. 3),
a grip shell (top portion 22; fig. 3, col. 2, lines 9-19) defining a window (opening 31) shaped to receive the button of the selector and to prevent ingress of contaminants into the inner chamber of the extension, (Col. 1, lines 26-29 describe the need to keep contaminants from the underlying device.)
the shell being operatively coupled and retaining the selector and the pivot bar relative to the extension. (Fig. 3 and col. 2, lines 33-48 describe the shell as attaching to a lower housing portion to retain the selector and retaining the keypad relative to the underlying device. With the modification of Reed under the teaching of Goldenberg, the outer shell of Goldenberg would retain the elastomeric button over the end of the lock bar of Reed.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Reed to include a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector, as taught by Goldenberg, as the references and the claimed invention are directed to button operated devices which are exposed to contaminated environments. As disclosed by Goldenberg, it is well known to utilize a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reed to include a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector, as taught by Goldenberg, as such a modification would provide the ability to prevent the contamination of the internal device. (Col. 1, lines 26-29 of Goldenberg).
Regarding claim 2, Reed in view of Goldenberg discloses;
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wherein the button includes a plurality of slots each arranged to engage the grip shell. (Goldenberg (fig. 7 and col. 3, line 15) describes a slot feature which retains a lens (34) in the elastomeric keypad, when retained by the shell (housing 22) to prevent contaminant intrusion.)
Regarding claim 3, Reed in view of Goldenberg discloses;
wherein the grip shell (housing 22) defines at least one receiving feature (see fig. 7); and wherein at least one of the plurality of slots of the button are configured to engage the grip shell via the at least one receiving feature. (Goldenberg, figs. 3 and 5 illustrate the fitment of the button (32) through the housing (22). Fig. 7 illustrates the interface between the slots and receiving features. It is not clear, from fig. 5, that the buttons and housing interface uses an identical slot and receiving feature as the lens and housing, but it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize the slot and receiving features to seal the button against contamination, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.)
Regarding claim 4, Reed in view of Goldenberg discloses;
wherein engagement between the at least one receiving feature and at least one of the plurality of slots of the button defines a tortious path between the inner chamber of the extension and the outside environment. (Fig. 5 of Goldenberg illustrates multiple sealing features between the housing (22) and the elastomeric keypad base (33), which separate the inner chamber (electronics 38) from the outside environment.)
Regarding claim 5, Reed discloses;
wherein the grip shell defines a fastener mount. (Figs. 5 and 8 illustrate a fastener fixing the grip (56) to the handle (25) through a mounting hole in the grip.)
Regarding claim 6, Reed discloses;
further including at least one fastener extending through the fastener mount of the grip shell. (Figs. 5 and 8 illustrate a fastener extending through the grip to the handle.)
Regarding claim 7, Reed discloses;
wherein the fastener engages the extension between the first and second end. (Fig. 8 illustrates a “wire-frame” view of the side rail (24) and internal extension (handle 25). The grip (56) is illustrated at the end of the handle (25) with the handle extending internal to the grip. The fastener is illustrated near the end of the grip, away from the end of the internally extending handle. This positions the fastener between the two ends of the extension (handle 25).
Regarding claim 8, Reed discloses;
further including a bearing arrangement disposed within the inner chamber of the extension, the bearing arrangement supporting the pivot bar for movement about an axis. (Fig. 8 illustrates a pivot point for the lock bar to pivot within the handle (25). This pivot forms a bearing on which the lock bar pivots about the pivot axis.)
Regarding claim 9, Reed discloses;
wherein the front handle assembly further includes a slider block (slide handle bushing 61; fig. 8) coupled to the first end of the extension and disposed within the inner chamber of the intermediate arm. (Paragraph 46 describes the extension (inner handle 25) as attached to bushing (61) which slides in the outer, side rail (24).)
Regarding claim 10, Reed discloses;
wherein the front handle assembly further includes a biasing element (lock bar spring 53; paragraph 46, fig. 8) interposed between the extension and the pivot bar,
the biasing element arranged to urge the catch into engagement with the latch end. (Paragraph 46 describes the spring as urging the locking pin into the locking hole in the outer, side rail.)
Regarding claim 11, Reed discloses;
A patient transport apparatus (chair system 1; fig. 2) operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
a support structure (legs 6 and 23) including a pair of intermediate arms (side rails 24; fig. 2 illustrates side rails on both sides of the chair) defining respective catches (lock pin holes 51/52; fig. 8, paragraph 46);
a seat section (seat 2) for supporting the patient, the seat section being pivotably coupled to the support structure about a rear seat axis (seat attached to back legs at pivots; fig. 2);
a track assembly (track frames and belt 30/35) arranged for movement relative to the support structure between a chair configuration for traversing floor surfaces and a stair configuration for traversing stairs (fig. 2 illustrates the track in the stair configuration, fig 23 illustrates the track in the stowed position.)
the track assembly coupled to the support structure for movement between a stowed position and a deployed position for engaging stairs; (track assembly is connected to the chair frame at the lower end by the track assembly mount (60) and along the sides by the track links (34); fig. 1)
a pair of front handles (side rail handles 25; fig. 3) assemblies each supported within a respective one of the intermediate arms for independent movement between: a collapsed position, and an extended position for assisting the track assembly in transporting patients along stairs, each (paragraph 34 describes the two handle assemblies and the corresponding side rails, positioned to either side of the seat assembly, as telescoping to assist users of the chair while transporting a patient. Each handle assembly can be independently moved from its collapsed to extended position.)
each handle assembly including:
an extension defining an inner chamber and having a first end and a second end, (side rail handle (25) is internal to the side rail (24) and has a first end at the bushing (61) and a second end at the grip (56); fig. 8, paragraph 46)
the first end disposed in sliding engagement with the intermediate arm of the support structure; (paragraph 46)
a pivot bar (lock bar 50; fig. 8) pivotably supported within the inner chamber of the extension to the front handle about a pivot axis,
the pivot bar extending between a latch end (end with lock pin; fig. 8, paragraph 46) shaped for releasable engagement with the catch (pin hole 51) of the respective intermediate arm, and an engagement end (button end near button 54; fig. 8);
a button (lock bar button 54; fig. 8, paragraph 46) movably supported by the brace body, and
an interface (button 54 is connected to lock bar (50) with a vertically extending portion as seen in fig. 8) arranged to contact the engagement end of the pivot bar in response to user engagement with the button to disengage the latch end from the catch in response to pivoting movement of the pivot bar; and
a grip shell (grip 56) disposed over the second end of the extension,
Reed does not disclose a selector defining a brace body, a grip shell defining a window, or the grip shell retaining the selector. However, Goldenberg teaches;
a selector (control key 32) defining a brace body (elastomeric keypad 30; fig. 3),
a grip shell (top portion 22; fig. 3, col. 2, lines 9-19) defining a window (opening 31) shaped to receive the button of the selector and to prevent ingress of contaminants into the inner chamber of the extension, (Col. 1, lines 26-29 describe the need to keep contaminants from the underlying device.)
the shell being operatively coupled and retaining the selector and the pivot bar relative to the extension. (Fig. 3 and col. 2, lines 33-48 describe the shell as attaching to a lower housing portion to retain the selector and retaining the keypad relative to the underlying device. With the modification of Reed under the teaching of Goldenberg, the outer shell of Goldenberg would retain the elastomeric button over the end of the lock bar of Reed.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Reed to include a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector, as taught by Goldenberg, as the references and the claimed invention are directed to button operated devices which are exposed to contaminated environments. As disclosed by Goldenberg, it is well known to utilize a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reed to include a selector defining a brace body, a grip shell defining a window, and the grip shell retaining the selector, as taught by Goldenberg, as such a modification would provide the ability to prevent the contamination of the internal device. (Col. 1, lines 26-29 of Goldenberg).
Regarding claim 12, Reed in view of Goldenberg discloses;
wherein the button includes a plurality of slots each arranged to engage the grip shell. (Goldenberg (fig. 7 and col. 3, line 15) describes a slot feature which retains a lens (34) in the elastomeric keypad, when retained by the shell (housing 22) to prevent contaminant intrusion.)
Regarding claim 13, Reed in view of Goldenberg discloses;
wherein the grip shell (housing 22) defines at least one receiving feature (see fig. 7); and wherein at least one of the plurality of slots of the button are configured to engage the grip shell via the at least one receiving feature. (Goldenberg, figs. 3 and 5 illustrate the fitment of the button (32) through the housing (22). Fig. 7 illustrates the interface between the slots and receiving features. It is not clear, from fig. 5, that the buttons and housing interface uses an identical slot and receiving feature as the lens and housing, but it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize the slot and receiving feature to seal the button against contamination, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.)
Regarding claim 14, Reed in view of Goldenberg discloses;
wherein engagement between the at least one receiving feature and at least one of the plurality of slots of the button defines a tortious path between the inner chamber of the extension and the outside environment. (Fig. 5 of Goldenberg illustrates multiple sealing features between the housing (22) and the elastomeric keypad base (33), which separate the inner chamber (electronics 38) from the outside environment.)
Regarding claim 15, Reed discloses;
wherein the grip shell defines a fastener mount. (Figs. 5 and 8 illustrate a fastener fixing the grip (56) to the handle (25) through a mounting hole in the grip.)
Regarding claim 16, Reed discloses;
further including at least one fastener extending through the fastener mount of the grip shell. (Figs. 5 and 8 illustrate a fastener extending through the grip to the handle.)
Regarding claim 17, Reed discloses;
wherein the fastener engages the extension between the first and second end. (fig. 8 illustrates a “wire-frame” view of the side rail (24) and internal extension (handle 25). The grip (56) is illustrated at the end of the handle (25) with the handle extending internal to the grip. The fastener is illustrated near the end of the grip, away from the end of the internally extending handle. This positions the fastener between the two ends of the extension (handle 25).
Regarding claim 18, Reed discloses;
further including a bearing arrangement disposed within the inner chamber of the extension, the bearing arrangement supporting the pivot bar for movement about an axis. (Fig. 8 illustrates a pivot point for the lock bar to pivot within the handle (25). This pivot forms a bearing on which the lock bar pivots about the pivot axis.)
Regarding claim 19, Reed discloses;
wherein the front handle assembly further includes a slider block (slide handle bushing 61; fig. 8) coupled to the first end of the extension and disposed within the inner chamber of the intermediate arm. (Paragraph 46 describes the extension (inner handle 25) as attached to bushing (61) which slides in the outer, side rail (24).)
Regarding claim 20, Reed discloses;
wherein the front handle assembly further includes a biasing element (lock bar spring 53; paragraph 46, fig. 8) interposed between the extension and the pivot bar,
the biasing element arranged to urge the catch into engagement with the latch end. (Paragraph 46 describes the spring as urging the locking pin into the locking hole in the outer, side rail.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT LAWRENCE STRICKLER/ Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/ Supervisory Patent Examiner, Art Unit 3612
February 12, 2026