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 .
Status of the Application
2. Claims 1—10 & 13—22 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 07/16/2025 & 01/18/2024 has been acknowledged by the Office.
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.
Claim(s) 1—4, 7, 9, 13 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2007/0136949 A1 to Richards et. al (Richards hereafter) in view of U.S Patent Application 2017/0281438 A1 to Elku et. al (Elku hereafter).
As per claim 1, Richards teaches:
A patient support apparatus (Fig.1; para [0019]) comprising:
- a patient support surface for receiving a patient thereon (10—Fig.1; para [0019]);
- an extension frame (27—Fig.2; para [0026]);
- a first actuator mechanism (50—Fig.5; para [0019]) comprising at least one actuator (para [0027]) having a first end operatively coupled to the patient support surface (50 & 16—Fig.3; para [0027]) and a second end operatively coupled to the extension frame (120 & 58—Fig.4; para [0034]), the at least one actuator of the first actuator mechanism being movable between a retracted position in which the extension frame is close to the patient support surface (para [0034]) and an extended position in which the extension frame is away from the patient support surface (para [0034]);
- a second actuator mechanism (52—Fig.5; para [0019]) comprising at least one actuator (para [0027]) having a first end operatively coupled to the extension frame (52 & 16—Fig.3; para [0027])and a second end operatively coupled to an extension (120 & 60—Fig.4; para [0034]), the at least one actuator of the second actuator mechanism being movable between a retracted position (para [0034]) in which the extension is close to the extension frame and an extended position in which the extension is away from the extension frame (para [0034]);
- at least one extension plate operatively coupled to the extension (54—Fig.2; para [0029]), the at least one being coplanar with the patient support surface and moving relative to the patient support surface when the first or second actuator mechanisms are operated (27 & 24 & 26—Fig.1; para [0035]).
Richards does not teach a control for controlling the movement of the linear actuators of the first and second actuator mechanisms between their respective retracted positions and extended positions.
Elku teaches and a control (100—Fig.2; para [0047]) for controlling the movement of the linear actuators of the first and second actuator mechanisms between their respective retracted positions and extended positions (100—Fig.2; para [0047]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Richards (directed to a patient support provided with an adjustment frame provided with actuators configured to extend an adjustment frame relative to the main support) and Elku (directed to a patient support provided with adjustment frames provided with a control system to operate one or more deck sections) and arrived at a patient support provided with an adjustment frame provided with actuators configured to extend an adjustment frame relative to the main support including a control system to operate one or more deck sections. One of ordinary skill in the art would have been motivated to make such a combination to sequentially to move to the patient support deck 38 to the different configurations as taught in Elku (para [0049]).
As per claim 2, Richards (as modified) teaches:
The patient support apparatus of claim 1, further comprising at least one support mechanism operatively coupled to the patient support and to the extension (82—Fig.3; para [0033]).
As per claim 3, Richards (as modified) teaches:
The patient support apparatus of claim 2, wherein the at least one support mechanism comprises a first support member (110—Fig.3; para [0033]) having a first end pivotably and slidably connected to the patient support surface (108—Fig.3; para [0033]) and a second end and a second support member (110—Fig.3; para [0033]) having a first end pivotably connected to the second end of the first support member and a second end (110—Fig.3; para [0033]) pivotably and slidably connected to the extension (para[0033]: slidable via 112).
As per claim 4, Richards (as modified) teaches: The patient support apparatus of claim 2.
Richards does not teach, wherein the at least one support mechanism comprises a first support member having a first end pivotably coupled to the patient support surface and a second end pivotably and slidably coupled to the extension frame, and a second support member having a first end pivotably and slidably connected to the extension frame and a second end pivotably connected to the extension.
Elku teaches, wherein the at least one support mechanism comprises a first support member (64—Fig.3; para [0030]) having a first end pivotably coupled to the patient support surface (para [0034]) and a second end pivotably and slidably coupled to the extension frame (74a—Fig.3B; para [0034]), and a second support member (64—Fig.3; para [0030]) having a first end pivotably and slidably connected to the extension frame (74a—Fig.3B; para [0034])and a second end pivotably connected to the extension (76
—Fig.3; para [0034]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Richards (directed to a patient support provided with an adjustment frame provided with actuators configured to extend an adjustment frame relative to the main support) and Elku (directed to a patient support provided with adjustment frames provided with a control system to operate one or more deck sections having support members having a first end pivotably coupled to the patient support surface and a second end pivotably and slidably coupled to the extension frame) and arrived at a patient support provided with an adjustment frame provided with actuators configured to extend an adjustment frame relative to the main support including a control system to operate one or more deck sections with support members having a first end pivotably coupled to the patient support surface and a second end pivotably and slidably coupled to the extension frame. One of ordinary skill in the art would have been motivated to make such a combination to slide and/or roll in a guide track having a slot through which the guided rod extends between the support arms as taught in Elku (para [0034]).
As per claim 7, Richards (as modified) teaches:
The patient support apparatus of claim1, wherein the at least one actuator of the first actuator mechanism comprises a first linear actuator (50—Fig.5; para [0019]) and a second linear actuator (52 & 16—Fig.3; para [0027]), the first and second linear actuators extending parallel to one another (50 & 52—Fig.5; para [0019]: actuators extending parallel to each other) and each having a first end operatively coupled to the patient support surface and a second end operatively coupled to the extension frame (120, 58 & 60—Fig.4; para [0034]).
As per claim 9, Richards (as modified) teaches:
The patient support apparatus of claim 1, wherein the at least one actuator of the second actuator mechanism comprises a first linear actuator (50—Fig.3; para [0027])and a second linear actuator (52—Fig.3; para [0027]), the first and second linear actuators extending parallel to one another (50 & 52—Fig.5; para [0019]: actuators extending parallel to each other) and each having a first end operatively to the extension frame and a second end operatively coupled to the extension (120, 58 & 60—Fig.4; para [0034]).
As per claim 13, Richards (as modified) teaches:
The patient support apparatus of claim 1, wherein the patient support comprises a head end (36—Fig.1; para [0024]), a foot end (40—Fig.1; para [0024]) and a longitudinal direction between the head end and the foot end (18—Fig.1; para [0024]), and wherein when the first and second actuator mechanisms are operated, the extension moves in the longitudinal direction (29—Fig.2; para [0034]).
As per claim 14, Richards (as modified) teaches:
The patient support apparatus of claim 13, wherein the extension frame , the first and second actuator mechanisms , the extension and the at least one plate are provided at the foot end of the patient support surface (27, 50 & 52—Fig.2; para [0026]: positioned at foot end of patient support surface).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2007/0136949 A1 to Richards in view of U.S Patent Application 2017/0281438 A1 to Elku in further view of U.S Patent Application 2002/0170115 A1 to Borders (Borders hereafter).
As per claim 15, Richards (as modified) teaches: The patient support apparatus of claim 1.
Richards does not teach wherein the extension frame is mounted underneath the patient support surface.
Borders teaches: wherein the extension frame is mounted underneath the patient support surface (19—Fig.12; para [0101]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hutchison (directed to a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion) and Borders (directed to a support with an extension frame is mounted underneath the patient support surface) and arrived at a frame assembly provided with an actuator with a foot and head sliding assembly provided with an extension frame is mounted underneath the patient support surface. One of ordinary skill in the art would have been motivated to make such a combination to adjustably secure the extension portion to the frame as taught in Borders (para [0174]).
Claim(s) 16, 20 & 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2010/0223728 A1 to Hutchison (Hutchison hereafter) in view of U.S Patent Application 2009/0044332 A1 to Parsell (Parsell hereafter).
As per claim 16, Hutchison teaches:
A frame assembly for a patient support apparatus (14—Fig.1; para [0019])
having a base (32—Fig.1; para [0019]) and an elevation mechanism mounted to the base and supporting the frame assembly for raising and lowering the same assembly (36—Fig.1; para [0019]), the frame assembly comprising:
- a pair of spaced-apart sleeves extending longitudinally between a front end of the patient support apparatus and a foot end (36c-d—Fig.1; para [0040]), each sleeve comprising an open head end and an open foot end (annotated Fig.2: top and bottom open end);
- a head sliding assembly attached to a head portion of the elevation mechanism (annotated 160—Fig.13; para [0024]: head sliding mechanism attached to head end of elevation mechanism near 36e) and allowing a translation movement of the sleeves relative to the head portion of the elevation mechanism (160—Fig.13; para [0024]);
- a foot sliding assembly comprising head sliding members (annotated 162, 166 & 164—Fig.13; para [0024]), each foot sliding member having a head end and a foot end (annotated 162, 166 & 164—Fig.13; para [0024]), each foot sliding member being slidably received into the foot end of a corresponding sleeve, from the head end of the foot sliding member to an intermediate location between the head end and the foot end thereof (36a—Fig.3 para [0024]: foot sliding member received in corresponding sleeve), each foot sliding member being capable of translation relative to its corresponding sleeve (para [0024]), the foot sliding assembly further comprising a stopper for stopping sliding movement of the foot sliding members into their corresponding sleeves (244—Fig.3; para [0034]: stopper 244);
- an actuator (100 & 278—Fig.3; para [0023]) having a head end connected to the sleeves (108—Fig.3: actuator connected to sleeves via 108) and a second end connected to the foot ends of the foot sliding members (242—Fig13 second end connected to foot sliding members via 242);
the actuator being movable between an extended position and a retracted position (para [0026]); wherein when the actuator is moved from the extended position towards the retracted position (238—Fig.13; para [0026]), the actuator forces the foot sliding members of the foot assembly into their corresponding sleeves until the stopper stops further movement of the foot sliding members into their corresponding sleeves (244—Fig.13; para [0027]) thus causing the foot portion of the elevation mechanism to move towards the head end of the sleeve and the simultaneous movement of the sleeves towards the foot end and away from the head portion of the elevation mechanism (160—Fig.12; para [0014]).
Hutchison does not teach- a sliding mechanism connected to the sleeves proximal to the foot end thereof, the sliding mechanism attaching the sleeves to a foot portion of the elevation mechanism, the sliding mechanism comprising a spring element for biasing the foot portion of the elevation mechanism towards the foot end of the sleeves; [the stopper stops] at which point further movement of the actuator toward the retracted position overcomes the biasing force of the spring element.
Parsell teaches a sliding mechanism connected to the sleeves proximal to the foot end thereof (112—Fig.1G; para [0051]), the sliding mechanism attaching the sleeves to a foot portion of the elevation mechanism (106—Fig.1H: attaching sleeves to foot portion), the sliding mechanism comprising a spring element for biasing the foot portion of the elevation mechanism towards the foot end of the sleeves (108—Fig.1H; para [0053]); [the stopper stops] at which point further movement of the actuator toward the retracted position overcomes the biasing force of the spring element (142—Fig.1C; para [0041]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hutchison (directed to a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion) and Parsell (directed to a sliding mechanism provided with a spring element for biasing the foot portion) and arrived at a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion a sliding mechanism provided with a spring element for biasing the foot portion. One of ordinary skill in the art would have been motivated to make such a combination to allow components space to house lift components used to raise and lower connecting bracket as taught in Parsell (para [0041]).
As per claim 20, Hutchison (as modified) teaches:
The frame assembly of claim 16, wherein the actuator comprises a linear actuator (100—Fig.3; para [0023]).
As per claim 22, (as modified) teaches:
The frame assembly of claim 16, wherein each of the sleeves comprises a rectangular tube and each of the head and foot sliding members comprises a rectangular tube sized to slidably fit into the rectangular tubes of the sleeves (36a-e—Fig.1; para [0022]).
Claim(s) 19 & 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2010/0223728 A1 to Hutchison (Hutchison hereafter) in view of U.S Patent Application 2009/0044332 A1 to Parsell in further view of U.S Patent 9,314,385 to Jutras (Jutras hereafter).
As per claim 19 Hutchison (as modified) teaches: The frame assembly of claim 16.
Hutchison does not teach wherein each of the head portion and the foot portion of the elevation mechanism comprises one of an elevation column or an elevation lever.
Jutras teaches wherein each of the head portion and the foot portion of the elevation mechanism comprises one of an elevation column or an elevation lever (Col 13 Lines 5—10).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hutchison (directed to a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion) and Parsell (directed to a sliding mechanism provided with a spring element for biasing the foot portion) and Jutras (directed to a patient support provided with an elevation mechanism) and arrived at a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion a sliding mechanism provided with a spring element for biasing the foot portion provided with an elevation mechanism. One of ordinary skill in the art would have been motivated to make such a combination to allow the patient support to be extended or retracted as needed as taught in Jutras (Col 13 Lines 5—10).
As per claim 21, Hutchison (as modified) teaches: The frame assembly of claim 16.
Hutchison does not teach, further comprising a fourth cross-member connecting the spaced-apart sleeves, at the head end thereof.
Jutras teaches, further comprising a fourth cross-member connecting the spaced-apart sleeves, at the head end thereof (62—Fig.4b; Col 10 Lines 27—34).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Hutchison (directed to a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion) and Parsell (directed to a sliding mechanism provided with a spring element for biasing the foot portion) and Jutras (directed to a patient support provided with an elevation mechanism) and arrived at a frame assembly provided with an actuator with a foot and head sliding assembly provided with a spring element for biasing the foot portion a sliding mechanism provided with a spring element for biasing the foot portion provided with an elevation mechanism. One of ordinary skill in the art would have been motivated to make such a combination to enables high force and thus torque to be generated from a very compact system as taught in Jutras (Col 13 Lines 5—10).
Allowable Subject Matter
Claims 5, 6, 8, 10, 17 & 18 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 dependent claims 5 & 6, the closest prior art of record U.S Patent Application 2007/0136949 A1 to Richards teaches a patient support apparatus with an extension deck driven by linear actuators.
Regarding claim 5 & 6 there is no teaching suggestion or motivation in the prior art of record presented above which would reasonably permit a combination of Richards (as modified) which would arrive at the combination of elements presented in dependent claim 5. Specifically, the limitation with respect to a cross-member to which are attached the second end of the first support member and the first end of the second support member, the cross-member allowing sliding movement the second end of the first support member and the first end of the second support member in a direction transverse to a movement direction of the first and second actuator mechanisms.
While Richards as modified by the following teach:
(U.S Patent Application 2017/0281438 A1 to Elku) a patient support provided with actuators slidably coupled to an extension frame and pivotably coupled to the patient support.
(U.S Patent Application 2002/0170115 A1 to Borders) a patient support provided with an extension support member configured to raise and lower supported by pivoting links.
The examiner maintains that further modifying the first and second support member of Richards to be slidably coupled to an extension frame as taught in Elku and additionally modifying the support member to teach a cross-member allowing sliding movement in a direction transverse to a movement of the first and second actuator mechanism may be considered a non-obvious modification and hindsight reasoning.
Regarding dependent claims 8 & 10, the closest prior art of record U.S Patent Application 2007/0136949 A1 to Richards teaches a patient support apparatus with an extension deck driven by linear actuators extending parallel relative to one another. Richards fails to teach wherein each of the first and second linear actuators of the first actuator mechanism is provided with a pulley at its a second end for urging movement thereof between the extended position and the retracted position, the first actuator mechanism further comprising a first motor mounted to the extension frame, the first motor being operatively coupled to the pulleys of the first and second linear actuators for urging movement therefor between the extended position and the retracted position.
While the teachings of U.S Patent 2019/0029906 A1 to Konsin teaches a patient rest support provided with a lift mechanism provided with a pully mechanism configured to assist tension on the load applied Konsin fails to teach: a pulley at its a second end for urging movement thereof between the extended position and the retracted position, the first actuator mechanism further comprising a first motor mounted to the extension frame, the first motor being operatively coupled to the pulleys of the first and second linear actuators for urging movement therefor between the extended position and the retracted position. In addition further modifying Richards actuator mechanism to include a pulley driven by a motor in order to extend and retract the extension legs, may hinder the actuators ability drive the extension frame in a linear fashion.
Regarding dependent claims 17 & 18, the closest prior art of record U.S Patent Application 2010/0223728 A1 to Hutchison teaches a patient support apparatus with an elevation mechanism including a head and foot sliding assembly. The teachings of Hutchison are silent with respect to:
third cross-member secured to the foot ends of the foot sliding members for connecting the same together; wherein the sliding mechanism connected to the sleeves proximal to the foot end thereof extends between the first cross-member and the second cross-member connecting the spaced- apart sleeves, and wherein the head end of the actuator is connected to the sleeves via the first cross-member and the foot end of the actuator is connected to foot ends of the foot sliding members via the third cross-member.
each head sliding member being capable of translation relative to its corresponding sleeve, the head end of the head sliding members protruding outwardly from the head end of the sleeves and attaching the head portion of the elevation mechanism, wherein when the actuator is moved from the extended position towards the retracted position, the actuator forces the foot sliding members of the foot assembly into their corresponding sleeves until the stopper stops further movement of the foot sliding members into their corresponding sleeves, at which point further movement of the actuator toward the retracted position overcomes the biasing force of the spring element, thus causing the foot portion of the elevation mechanism to move towards the head end of the sleeve and the simultaneous exit of the head sliding members from the head end of the sleeves.
While the teachings of U.S Patent Application 2009/0044332 A1 to Parsell teaches a sliding mechanism provided with a spring element for biasing the foot portion Parsell fails to teach wherein the sliding mechanism connected to the sleeves proximal to the foot end thereof extends between the first cross-member and the second cross-member connecting the spaced- apart sleeves, and wherein the head end of the actuator is connected to the sleeves via the first cross-member and the foot end of the actuator is connected to foot ends of the foot sliding members via the third cross-member. Parcell further does not teach each head sliding member being capable of translation relative to its corresponding sleeve, the head end of the head sliding members protruding outwardly from the head end of the sleeves and attaching the head portion of the elevation mechanism, wherein when the actuator is moved from the extended position towards the retracted position, the actuator forces the foot sliding members of the foot assembly into their corresponding sleeves. Therefor upon exhausting the art, it is concluded by the examiner for those reasons stated above that inconsideration with deficiencies of the prior art, that applicant’s invention would be considered non-obvious in light of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S Patent Application 2011/0030142 A1 teaches A mobility assist assembly, consisting of a transportable patient support module including a support surface which is modifiable by at least a plurality of upwardly extending and individually height adjustable and articulate-able posts integrated into a supporting carriage. A power transport module can be docked to the carriage.
U.S Patent 11,963,918 B2 A patient support apparatus may include a frame and an articulated deck coupled to the frame. The articulated deck may include a head section, a seat section, a thigh section, and a foot section. The seat section may include a stationary frame coupled to the frame and a moveable frame that moves relative to the stationary frame. The moveable frame may move between a retracted position and an extended position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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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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/D.T.G./Examiner, Art Unit 3673 01/06/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673