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.
Claims 1, 9-12, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Walkingshaw et al., hereinafter Walkingshaw – US Patent 8,640,798 in view of McMannon et al., hereinafter McMannon – US Patent 9,593,833.
Regarding Claim 1, Walkingshaw teaches a patient transport apparatus operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
a support structure (“stair chair” 10, Fig. 2)
a seat section (20) and a back section (22) coupled to the support structure (as components of assembly of 10) for supporting the patient (Note that such intended use limitations hereinafter only require the prior art to disclose capability to potentially perform the functional limitation. See MPEP 2111.02 – II Preamble Statements Reciting Purpose or Intended Use and MPEP 2173.05(g) – Functional Limitations; and Walkingshaw’s apparatus meets said limitations);
a track assembly (36) extending from the support structure (position and connection to 16 depicted in Fig. 3) and having a belt (50, Figs. 2-4) for traversing stairs;
a motor (46) coupled to the track assembly (Fig. 3, via “drive gear” 44) to selectively generate torque to drive the belt (via 44);
a pivoting handle assembly (two instances of 26 at the top of the wheelchair, Fig. 1, and pivotable via hinges 24) including first and second hand grip regions (two aforementioned instances of 26) to be grasped by the user during movement of the patient transport apparatus.
Walkingshaw does not teach an upper area light module and its configuration, a user interface with an activation input control for controlling the light module, or a controller communicating with the motor, the user interface, and the light module.
McMannon teaches, in a similar powered endless-track wheelchair/patient transport vehicle, a wheelchair (50) with an upper area light module (“lighting unit” assembly 70, comprising “rear light output” 22a) coupled to the back section (22a disposed at rear of wheelchair, Fig. 8) and configured to illuminate light directed at floor surfaces in a rearward direction ((35) – “…the rear light output 22a and the lower light output 22b are positioned to provide lighting underneath the patient transport device 50 to assist the first responder using the patient transport device…”) and constrained to a rearward volume adjacent to the patient transport apparatus to prevent the light from obstructing a view of a user engaging a pivoting handle assembly (using “cover” 26, (21) – “A cover 26 is positioned over and at least partially encloses the rear light output 22a…”);
a user interface (“user control” 80) arranged for engagement by the user (by its location at the top handle which the user holds, Fig. 10) and including an activation input control (as a part of 80) for operating the motor to the drive belt ((32) – “The user control 80 is communicatively coupled to the track assembly…”), and an area light input control for controlling operation of the upper area light module ((32) – “The user control 80 may also be communicatively coupled to the rear light output 22a… selectively turning the rear light output 22a… on and off.”);
a controller (90) in communication with the motor (as part of “track assembly” 55), the user interface (80), and the upper area light module (22a which is a part of “lighting unit” assembly 70, which is controlled by 80, additionally (39) – “…the user control 80 is communicatively coupled to the one or more controllers 90.”), the controller being configured to permit operation of the motor in response to user engagement of the activation input control ((32) – “The user control 80 is communicatively coupled to the track assembly…”) and to operate the upper area light module ((39) – “…the user control 80 can enable control of the functions of the lighting unit 70.”) in at least one of a first state (ON position) and a second state (OFF position) based on user engagement ((39) – “…a user can manually actuate the… user control 80 to activate the lighting unit 70 to the ON position and alternatively, deactivating the lighting unit 70 by pressing the… user control 80 to an OFF position.”) of the area light input control (via 80), wherein the first state is defined by an emission of light from the upper area light module (ON state) and the second state is defined by an absence of light emission from the upper area light module (OFF state).
McMannon further teaches the activation input control (as a part of 80) further defined as a first activation input control (the command from 80 to ascend stairs, (32)), the patient transport apparatus further comprising a second activation input control (the command from 80 to descend stairs, (32)), the first activation input control and the second activation input control, each arranged to be engaged by the user in order to move the patient transport apparatus up and down the stairs ((39 – “a user… may manipulate buttons and/or controls (not depicted) on the user control 80 to command the track of the track assembly 55 to rotate, which may assist… in moving the patient transport device 50 up or down a set of stairs.”).
McMannon further teaches the user interface further comprises a direction input control for selecting a drive direction of the motor ((39 – “a user… may manipulate buttons and/or controls (not depicted) on the user control 80 to command the track of the track assembly 55 to rotate, which may assist… in moving the patient transport device 50 up or down a set of stairs.”).
McMannon further teaches that the controller (90 in communication with 80) is operable between:
a sleep mode (DEEP SLEEP mode, (43) – “The lighting unit 70 is capable of operating in at least three modes. Specifically, a RUN mode, an IDLE mode and a DEEP SLEEP mode.”) to limit power consumption ((47) – “The power consumption of the lighting unit 70 in the DEEP SLEEP mode can be at a relatively low level…); and
an active mode (RUN or IDLE mode) to facilitate operation of at least one motor (via connection with 80, (39) – “…the user control 80 is communicatively coupled to the one or more controllers 90.”) and the upper area light module ((43) – “When in the RUN mode, the lighting unit 70 can be automatically switched to an ON or OFF position…”).
McMannon further teaches:
in response to switching from the sleep mode to active mode, the controller is configured to monitor time elapsed following user engagement of the user interface ((50) – “…the lighting unit 70 may automatically switch from the IDLE mode into the DEEP SLEEP mode after about 25 minutes of inactivity of the seat assembly…” and, from RUN mode, (48) – “The IDLE mode may automatically be entered after about 5 minutes of inactivity…”, the combination of which implies a running timer exists starting from the last user input, which is less than 30 minutes before DEEP SLEEP is activated);
in response to user engagement of the user interface prior to a first period of time (as described above, a running timer less than 30 minutes) elapsing following the controller switching from sleep mode to active mode, the controller is configured to remain in active mode for a second period of time, the second period of time (30 minutes) being longer than the first period of time; and
the controller is configured to provide a warning prior to the first period of time elapsing to notify the user that sleep mode is soon to be activated ((50) – “Once the switch is automatically made from the IDLE mode to the DEEP SLEEP mode an alert or signal can be provided.”).
It would have been obvious to one ordinarily skilled in the art, before the effective filing date of the claimed invention, to combine the patient transport apparatus seat/handle structure and belt drive of Walkingshaw with the light module, user interface, and lighting/motor controller of McMannon, yielding predictable results. One ordinarily skilled in the art would have appreciated adding a light module to illuminate the surroundings of the patient transport apparatus to improve safety by making obstacles easier to identify and avoid (McMannon – (14) – “…the lighting unit may provide light beneath a patient transport device, assisting first responders in identifying obstacles while moving patients to and from an emergency service vehicle.”), and a controller with a user interface to readily operate the lighting module when desired.
Regarding Claim 9, Walkingshaw as modified by McMannon above already includes all limitations, including the activation input control comprises a first and second activation input control each arranged to be engaged by the user in order to move the patient transport apparatus up and down the stairs. See 35 USC 103 rejection of parent claim 1, above.
Regarding Claim 10, Walkingshaw further teaches the support structure (Walkingshaw – 10) including a front handle assembly (two instances of 26 at the bottom of Fig. 1) coupled to the support structure (26 attached to 10, Fig. 1), the front handle assembly including a first hand grip region and a second hand grip region (first and second instance of 26 at the bottom of Fig. 1, respectively), each arranged to be grasped by another user during movement of the patient transport apparatus (arranged at either side of the apparatus at the same distance as the two upper instances of 26, Fig. 1).
Regarding Claim 11, Walkingshaw further teaches a carrier assembly (“sled” 30) coupled to the support structure (30 coupled to 10, Fig. 2) and the track assembly (30 coupled to 36, Fig. 2) and being arranged for movement relative to the support structure between:
a chair configuration in which the patient transport apparatus is configured to move along floor surfaces ((12) – “The sled may be configured so as… to permit the stair chair to be more easily pushed across flat surfaces using the stair chair's wheels.”), and
a stair configuration in which the patient transport apparatus is configured to ascend or descend stairs ((29) – “The attachment of the sled 30 to the stair chair 10 proximate the rear wheels 12 may be a hinged-type or pivot-type attachment, allowing the sled 30 to be rotated between a deployed, stair-engaging position…”).
Regarding Claim 12, Walkingshaw further teaches the carrier assembly (30) including a cover (casing of motor 46 and drive gear 44, Fig. 12), at least one shaft defining a wheel axis (center of rear wheel 12, Fig. 3, which is also present on the other rear wheel symmetrically), a first rear wheel (labeled wheel 12, left/front of Fig. 4), a second rear wheel (unlabeled rear wheel, right side of Fig. 4) supported for rotation about the wheel axis ((12) – “The stair chair 10 includes rear bearings, typically wheels or casters 12, which permit the stair chair 10 to be rolled across a flat surface…”).
Regarding Claim 18, Walkingshaw as modified by McMannon above already includes all limitations, where the user interface further comprises a direction input control for selecting a drive direction of the motor. See 35 USC 103 rejection of parent claim 1, above.
Regarding Claims 19 and 20, Walkingshaw as modified by McMannon above already includes all limitations, including that the controller is operable between a sleep mode and an active mode, and;
in response to user engagement of the user interface prior to a first period of time following the controller switching from sleep mode to active mode, the controller remains in active mode for a second period of time longer than the first, and the controller is configured to provide a warning prior to the first period of time elapsing to notify the user that sleep mode is soon to be activated. See 35 USC 103 rejection of parent claim 1, above.
Allowable Subject Matter
Claims 2-8, 13-17 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.
Regarding Claim 2, the prior art fails to teach that the rearward volume of light is defined by an upper shield that is substantially parallel to a surface of the seat section. In McMannon, the light bar cover (26) does serve in part to contain the light, but only as a generic light housing cover that does not prevent the dispersion of light in any specific single direction.
Regarding Claim 13, the prior art fails to teach a lower area light module coupled to the carrier assembly configured to illuminate floor surfaces in a forward direction with light constrained to a forward volume of the patient transport apparatus. McMannon does teach a second lower light module (22b), but it is attached to the underside of the seat rather than the carrier assembly, and similar to the upper light module (22a), is not constrained to prevent the light from obstructing the view of a user at the front of the patient transport apparatus. It would not have been possible to further modify Walkingshaw/McMannon to arrive at the claimed invention of Claim 2 or 13 without resorting to impermissible hindsight.
Conclusion
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/Mitchell James Price/ Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611