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 .
Claims 1-14, 16-20 and 25 are pending.
Claims 1-14, 16-20 and 25 are pending.
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 or, in the alternative, under 35 U.S.C. 103 as obvious over Keller (EP 3400921). Keller discloses a patient transport system comprising: a patient transport apparatus comprising a seat section (fig. 5: 174) and a back section (fig. 5: 172) for supporting the patient; and a patient containment system including a lower strap (fig. 5: 515), an upper strap (fig. 5: 513) having a front end coupled to the lower strap and a back end, and a coupling system (fig. 5: 3) to facilitate releasable attachment of the patient containment system to the patient transport apparatus, the coupling system including: a latch (fig. 4: 9) coupled to the back end of the upper strap, a coupling bracket (figs. 2a, 5: 3) configured for removable attachment to the back section of the patient transport apparatus, and a keeper (fig. 2a: 7) operatively attached to the coupling bracket and configured to removably receive the latch to retain the upper strap together with the latch relative to the coupling bracket.
In the event that the coupling bracket 3 is not determined to be “removable,” it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to substitute the bracket 31 of fig. 1a for connection of the upper strap, which is removable in a tool-less fashion by studs 33, in order to provide easier adjustment of the upper strap holding position.
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) 2-6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller. Keller teaches wherein the latch (fig. 5: 9) defines a slot formed extending into the interior thereof to receive a portion of the keeper (fig. 2a: 7), but does not teach the coupling bracket comprising the slot and keeper for receiving the latch. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, as a mere reversal/rearrangement of parts, to provide the keeper and slot on the coupling bracket and latch on the strap in order to provide the desired connection or weight of the straps. In general, a mere rearrangement of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. (See MPEP 2144.04(VI)(C); In re Kuhle, 526 F.2d 553.).
As concerns claim 3, Keller, as modified, teaches wherein the slot of the keeper defines an abutment surface; and wherein the latch includes a track defining a retention face arranged to contact the abutment surface of the slot to at least partially limit movement of the latch relative to the keeper (Keller teaches a conventional buckle assembly where the latch/buckle includes a retention face to contact the keeper and limit movement of the latch).
As concerns claim 4, Keller, as modified, teaches wherein the coupling system further includes: an anchor operatively attached to one of the patient transport apparatus and the coupling bracket (fig. 1a: 33 discussed as the alternative in claim 1); and a receiver operatively attached to the other of the patient transport apparatus (slots within the frame of the stretcher) and the coupling bracket, the receiver being configured to releasably secure the anchor to facilitate removable attachment of the patient containment system to the back section of the patient transport apparatus.
As concerns claim 5, Keller, as modified, teaches wherein the coupling system is operable between: an engaged configuration where the receiver secures the anchor to at least partially limit movement of the coupling bracket relative the back section; and a disengaged configuration where the receiver releases the anchor to facilitate removing the coupling bracket from the back section (the coupling bracket of fig. 1a: 31 may be engaged or disengaged from the stretcher by securing or attaching the anchor 33).
As concerns claim 6, Keller, as modified, teaches wherein the coupling system further includes an upper strap lock interposed between the keeper and the latch and being selectively operable between: a retained configuration to at least partially limit movement of the latch relative to the keeper; and a released configuration to permit movement of the latch relative to the keeper (Keller teaches a conventional buckle system such that a lock within the keeper retains or releases the latch/buckle).
As concerns claim 11, Keller, as modified, teaches wherein the coupling system further includes: an anchor operatively attached to one of the patient transport apparatus and the coupling bracket (fig. 1a: 33 discussed as the alternative in claim 1); and a receiver operatively attached to the other of the patient transport apparatus (slots within the frame of the stretcher) and the coupling bracket, the receiver being configured to releasably secure the anchor to facilitate removable attachment of the patient containment system to the back section of the patient transport apparatus.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller in view of Davis (US 2005/0011003). As concerns claim 12, Keller, as modified, teaches wherein the anchor includes an anchor base (fig. 1a: 311), an anchor head (fig. 1b: 331), and an anchor shaft (fig. 1b: 333) extending between the anchor base and the anchor head. Keller does not expressly teach wherein the receiver includes a receiver body defining a receiver aperture having a first aperture region shaped to receive the anchor head therethrough, and having a second aperture region disposed in communication with the first aperture region and being shaped to receive the anchor shaft therein.
However, Davis teaches a receiver (fig. 1: 17) for an anchor (fig. 1: 10) wherein the receiver includes a receiver body defining a receiver aperture having a first aperture region shaped to receive the anchor head therethrough, and having a second aperture region disposed in communication with the first aperture region and being shaped to receive the anchor shaft therein (as shown in fig. 1), as is considered old and well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a wherein the receiver includes a receiver body defining a receiver aperture having a first aperture region shaped to receive the anchor head therethrough, and having a second aperture region disposed in communication with the first aperture region and being shaped to receive the anchor shaft therein in order to provide a secure receiving space for the anchor.
Allowable Subject Matter
Claims 7-10, 13, 14, 16-20 and 25 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art reference of Keller fails to teach:
wherein the coupling system is inhibited from moving from the engaged configuration to the disengaged configuration during operation of the upper strap lock in the retained configuration;
wherein the upper strap lock includes a blocking tab operatively attached to the track of the latch;
wherein the receiver further includes a tab formed extending into the receiver aperture and arranged adjacent to the second aperture region to at least partially restrict movement of the coupling bracket between the first aperture region and the second aperture region;
wherein the lower strap includes a seat end and a back end; wherein the coupling bracket is further defined as a back section coupling bracket coupled to the back end of the lower strap; or
wherein the upper strap includes a shoulder region extending between the front end and the back end; and wherein the patient transport apparatus further comprises a webbing adjuster operatively attached to the back section and shaped to receive the back end of the upper strap therethrough, the webbing adjuster being configured to releasably engage the shoulder region of the upper strap to adjust tension in the upper strap between the webbing adjuster and the lower strap; wherein the lower strap is further defined as a first lower strap, wherein the upper strap is further defined as a first upper strap, and wherein the patient containment system further comprises a second lower strap and a second upper strap; wherein each of the first lower strap and the second lower strap have a thigh region, a waist region, and a lower connection region arranged between the thigh region and the waist region; wherein each of the first upper strap and the second upper strap have an upper connection region arranged between the front end and the back end; and wherein the patient containment system further comprises: a first connector coupled to the lower connection region of the first lower strap; a second connector coupled to the lower connection region of the second lower strap and configured to releasably attach to the first connector to at least partially limit movement of the first lower strap relative to the second lower strap; a third connector coupled to the upper connection region of the first upper strap; and a fourth connector coupled to the upper connection region of the second upper strap and configured to releasably attach to the third connector to at least partially limit movement of the first upper strap relative to the second upper strap.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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