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 Objections
Claim 3 is objected to because of the following informalities:
In claim 3, line 2, “in response the user engaging” should be “in response to the user engaging”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 17 of U.S. Patent No. 11,938,068 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 – 17 of the current application are anticipated by claims 1-17 of U.S. Patent No. 11,938,068 B2.
Side-by-Side comparison to support the double patenting rejections.
Application 18/581,331
DP claim
Patent US 11,938,068 B2
1
1. A patient transport apparatus operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
1
1. (Currently Amended) A patient transport apparatus operable by a user for transporting a patient along stairs, the patient transport apparatus comprising:
a support structure;
a support structure; a seat section coupled to the support structure for supporting the patient;
a track assembly having a movable belt, the track assembly being operatively attached to the support structure and arranged for selective operation between a retracted position disposed adjacent to the support structure and a deployed position extending to engage stairs; a drive system comprising a motor disposed in rotational communication with the belt of the track assembly to control movement of the patient transport apparatus along stairs when the track assembly operates in the deployed position; a user interface arranged for engagement by the user to selectively adjust operation of the drive system between an active state for controlling movement of the belt with the motor, and an inactive state;
a track assembly having a movable belt, the track assembly being operatively attached to the support structure and arranged for selective operation between a retracted position disposed adjacent to the support structure and a deployed position extending to engage stairs; a drive system comprising a motor disposed in rotational communication with the belt of the track assembly to control movement of the patient transport apparatus along stairs when the track assembly operates in the deployed position; a user interface arranged for engagement by [[a]]the user to selectively adjust operation of the drive system between an active state for controlling movement of the belt with the motor, and an inactive state;
and a braking controller configured to selectively operate the motor when the drive system operates in the inactive state to effect corresponding limited movement of the patient transport apparatus along stairs;
and a braking controller disposed in communication with the motor and configured to sense movement of the belt when the drive system operates in the inactive state, and to control the motor to limit movement of the belt when the drive system operates in the inactive state to effect corresponding limited movement of the patient transport apparatus along stairs;
wherein the drive system is further configured to operate in a drive mode of the active state for controlling a direction of movement of the belt and wherein the drive system is further configured to operate in a hold mode of the active state to limit movement of the belt.
wherein the drive system is further configured to operate in a drive mode of the active state for controlling a direction of movement of the belt and wherein the drive system is further configured to operate in a hold mode of the active state to limit movement of the belt.
2
2. The patient transport apparatus of claim 1, wherein the user interface is further arranged for engagement by the user to adjust the direction of movement of the belt in the drive mode of the active state.
2
2. (Currently Amended) The patient transport apparatus of claim 1, of the active state.
3
3. The patient transport apparatus of claim 2, wherein the drive system is configured to operate in the drive mode of the active state in response the user engaging the user interface to adjust the direction of movement of the belt.
3
3. (Currently Amended) The patient transport apparatus of claim 2, wherein the drive system is configured to operate in the drive mode of the active state in response the user engaging the user interface to adjust the direction of movement of the belt.
4. The patient transport apparatus of claim 1, wherein the drive system is configured to control the motor in the hold mode of the active state by controlling the motor to limit movement of the belt to maintain the patient transport apparatus in a substantially fixed position along stairs.
5
4. (Original) The patient transport apparatus of claim 1, wherein the motor of the drive system comprises one or more windings, and wherein the braking controller is configured to control the motor to limit movement of the belt by short circuiting one or more windings together.
5. The patient transport apparatus of claim 1, wherein the drive system is configured to control the motor in the hold mode of the active state by controlling the motor to limit movement of the belt to facilitate a controlled descent of the patient transport apparatus along stairs.
6
5. (Currently Amended) The patient transport apparatus of claim [[4]]1, wherein the drive system is configured to control the motor in the hold mode of the active state by controlling the motor to limit movement of the belt to maintain the patient transport apparatus in a substantially fixed position along stairs.
6. The patient transport apparatus of claim 1, wherein the user interface comprises a hold mode interface for engagement by the user and a hold mode interface sensor configured to sense whether the hold mode interface is being engaged such that the drive system is configured to operate in the hold mode of the active state in response to the hold mode interface sensor sensing that the hold mode interface is being engaged.
7
6. (Currently Amended) The patient transport apparatus of claim [[4]]1, wherein the drive system is configured to control the motor in the hold mode of the active state by controlling the motor to limit movement of the belt to facilitate a controlled descent of the patient transport apparatus along stairs.
7. The patient transport apparatus of claim 6, wherein the drive system is configured to exit the hold mode of the active state in response to the hold mode interface sensor sensing that the hold mode interface is not being engaged.
8
7. (Currently Amended) The patient transport apparatus of claim [[4]]1, wherein the user interface comprises a hold mode interface for engagement by the user and a hold mode interface sensor configured to sense whether the hold mode interface is being engaged such that the drive system is configured to operate in the hold mode of the active state in response to the hold mode interface sensor sensing that the hold mode interface is being engaged.
8. The patient transport apparatus of claim 1, wherein the drive system is configured to change operation to a sleep mode of the inactive state from the active state in response to an absence of engagement with the user interface occurring over a predetermined period.
9
8. (Currently Amended) The patient transport apparatus of claim 7, wherein the drive system is configured to exit the hold mode of the active state in response to the hold mode interface sensor sensing that the hold mode interface is not being engaged.
9. The patient transport apparatus of claim 8, wherein the drive system is configured to change operation to the active state from the sleep mode of the inactive state in response to user engagement occurring with the user interface.
10
9. (Original) The patient transport apparatus of claim 1, wherein the drive system is configured to change operation to a sleep mode of the inactive state from the active state in response to an absence of engagement with the user interface occurring over a predetermined period.
10. The patient transport apparatus of claim 1, further comprising a battery coupled to the drive system, the battery configured to provide power to the drive system in the active state.
11
10. (Currently Amended) The patient transport apparatus of claim 9, wherein the drive system is configured to change operation to the active state from the sleep mode of the inactive state in response to the user engagement of the user interface.
11. The patient transport apparatus of claim 10, wherein the drive system is configured to change operation to a low charge mode of the inactive state in response to a charge of the battery being less than a threshold charge value.
12
11. (Original) The patient transport apparatus of claim 1, further comprising a battery coupled to the drive system, the battery configured to provide power to the drive system in the active state.
12. The patient transport apparatus of claim 10, wherein the drive system is configured to change operation to a battery disconnect mode of the inactive state in response to the battery not being connected to the drive system.
13
12. (Original) The patient transport apparatus of claim 11, wherein the drive system is configured to change operation to a low charge mode of the inactive state in response to a charge of the battery being less than a threshold charge value.
13. The patient transport apparatus of claim 10, wherein the braking controller is isolated from the battery, and wherein the braking controller receives power from rotation of the motor.
14
13. (Original) The patient transport apparatus of claim 11, wherein the drive system is configured to change operation to a battery disconnect mode of the inactive state in response to the battery not being connected to the drive system.
14. The patient transport apparatus of claim 13, wherein the drive system is configured to generate electricity via rotation of the motor effected by movement of the belt such that the braking controller receives power from rotation of the motor by receiving the power from the electricity generated by the drive system.
15
14. (Original) The patient transport apparatus of claim 11, wherein the braking controller is isolated from the battery, and wherein the braking controller receives power from rotation of the motor.
15. The patient transport apparatus of claim 1, wherein the braking controller is configured to sense a voltage of the motor of the drive system during operation in the inactive state.
16
15. (Original) The patient transport apparatus of claim 14, wherein the drive system is configured to generate electricity via rotation of the motor effected by movement of the belt such that the braking controller receives power from rotation of the motor by receiving the power from the electricity generated by the drive system.
16. The patient transport apparatus of claim 15, wherein the braking controller is configured to limit movement of the belt in response to the sensed voltage of the motor being greater than a threshold voltage value.
17
16. (Original) The patient transport apparatus of claim 1, wherein the braking controller is configured to sense movement of the belt by sensing a voltage of the motor of the drive system.
17. The patient transport apparatus of claim 1, wherein the motor of the drive system comprises one or more windings, and wherein the braking controller is configured to control the motor to limit movement of the belt by short circuiting one or more windings together.
4
17. (Original) The patient transport apparatus of claim 16, wherein the braking controller is configured to limit movement of the belt in response to the sensed voltage of the motor being greater than a threshold voltage value.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611