DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the amendments filed 4 March 2026 for the application filed 29 March 2024 which claims priority to PRO 63/457,843 filed 7 April 2023. 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 § 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.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zollars et al. (US 2016/0213152).
- Regarding Claim 1. Zollars discloses a patient support apparatus (100, fig. 1-30) comprising:
a frame (illustrated by the figures);
a stationary member (504) mounted relative to the frame (illustrated by the figures);
an armrest (502) rotatably mounted to the stationary member (504), the armrest (502) being rotatable between an armrest position (illustrated by fig. 1) and a raised position (illustrated by fig. 9); and
a lift assist member (800) connected between the frame and the armrest (502, illustrated by the figures), the lift assist member (800) operable to apply force to the arm rest (502) to aid rotation of the armrest from the armrest position to the raised position (“facilitate transitioning of the cantilever portion from a down position to an upright position” [0049]; the pressing of the pivot activation feature 800, and consequent pressing of the spring 802, allows for a force to be removed from the lock 804 which allows the arm rest to pivot freely; fig. 31a-b illustrate the operation of the biasing member and lock; the removal of the lock is a form of force application), the lift assist member (800) operable to allow unassisted rotation of the armrest toward the armrest position (illustrated by fig. 1; “does not interfere with arm rest portion securing feature at any point during transition” [0066]).
- Regarding Claim 2. Zollars discloses the patient support apparatus of claim 1 comprising:
a seat (300) operable to support a patient between first and second opposing sides of the patient support apparatus (100), the seat (300) including an upper support surface (illustrated by fig. 1); and
a backrest (400) operable to support a back of the patient between the first and second opposing sides of the patient support apparatus (100), the backrest (400) including a back support surface (illustrated by fig. 1).
- Regarding Claim 3. Zollars discloses the patient support apparatus of claim 2 wherein, in the raised position (illustrated by fig. 9), the armrest (502) provides unobstructed access for the patient between one of the first and second opposing sides and the upper support surface and the back support surface, whereby, with the armrest in the raised position, the patient is free to ingress or egress to one of the first and second opposing sides of the patient support apparatus (the intended use is illustrated by fig. 9).
- Regarding Claim 4. Zollars discloses the patient support apparatus of claim 2 wherein, with the armrest (502) in the raised position (fig. 9), a lower surface of the armrest provides unobstructed access to the back support surface from one of the first and second opposing sides (illustrated by fig. 11), and wherein, with the armrest (502) in the armrest position (illustrated by fig. 5), an upper surface of the armrest provides an arm support surface for the patient (inherent).
- Regarding Claim 5. Zollars discloses the patient support apparatus of claim 2 wherein the backrest (400) is operable to pivot away from the seat to allow the patient to sit in a reclined position (“seated user may easily and efficiently recline back support portion” [0076]).
- Regarding Claim 6. Zollars discloses the patient support apparatus of claim 1 wherein the lift assist (800) member is an assist linkage connected between the frame and the armrest (502, illustrated by the figures).
- Regarding Claim 7. Zollars discloses the patient support apparatus of claim 6 wherein the assist linkage (800) is operatively coupled to a pivot member (1204) of the armrest (502, illustrated by the figures).
- Regarding Claim 8. Zollars discloses the patient support apparatus of claim 7 wherein a pivot joint (600/700) is provided between the pivot member (1204) and the stationary member (504) to facilitate rotation of the armrest (502) about a pivot axis (1214) of the pivot joint (illustrated by fig. 16).
- Regarding Claim 9. Zollars discloses the patient support apparatus of claim 8 comprising:
a pin (“dowel pin” [0064]) offset from the pivot axis of the pivot joint (600/700); and
a curved slot (616) operable to receive the pin (“operable to slide within” [0064]), the curved slot (616) including a first end configured to engage the pin to limit rotation of the armrest (502) about the pivot axis (“position limit feature” [0064]).
- Regarding Claim 10. Zollars discloses the patient support apparatus of claim 1 comprising:
a locking mechanism (800/804/1216/1218) operable to secure and release the armrest (502) from the armrest position (“arm rest position securing feature of pivot activation feature is received within down position aperture such that an interaction between arm rest position securing feature and down position aperture prevents any rotational movement” [0062]);
a striker (804) receivable by the locking mechanism (1216) to secure the armrest (502) in the armrest position (fig. 1); and
a manually operable release (800) coupled to the locking mechanism (800/804/1216/1218), the manually operable release (800) configured to operate the locking mechanism (800/804/1216/1218) to release the striker (804) and allow the armrest (502) to rotate toward the raised position (fig. 9; “when pivot activation feature is sufficiently pivoted, arm rest position securing feature disengages from down position aperture of cantilever portion such that the cantilever portion is free to transition from the down position to the upright position” [0070]).
- Regarding Claim 11. Zollars discloses the patient support apparatus of claim 10 wherein the locking mechanism (800/804/1216/1218) is connected to the frame (illustrated by the figures), and the striker (804) is connected to the armrest (502, illustrated by the figures).
- Regarding Claim 12. Zollars discloses a patient support apparatus (100, fig. 1-30) comprising:
a frame (illustrated by the figures);
a stationary member (504) mounted relative to the frame (illustrated by the figures);
an armrest (502) including a pivot portion (1204) and an arm support portion (top of 502), the pivot portion (1204) of the armrest being rotatably mounted to the stationary member (504, illustrated by fig. 16), the armrest (502) being rotatable between an armrest position (illustrated by fig. 1) and a raised position (illustrated by fig. 9); and
a locking mechanism (800/804/1216/1218) operable to secure and release the arm support portion of the armrest, wherein release of the arm support portion releases the armrest (502) from the armrest position (“arm rest position securing feature of pivot activation feature is received within down position aperture such that an interaction between arm rest position securing feature and down position aperture prevents any rotational movement” [0062]);
a striker (804) receivable by the locking mechanism (1216) to secure the arm support portion such that the armrest (502) is secured in the armrest position (fig. 1); and
a manually operable release (800/810) coupled to the locking mechanism (800/804/1216/1218), the manually operable release (800/810) configured to operate the locking mechanism (800/804/1216/1218) to release the striker (804) and allow the armrest (502) to rotate toward the raised position (fig. 9; “when pivot activation feature is sufficiently pivoted, arm rest position securing feature disengages from down position aperture of cantilever portion such that the cantilever portion is free to transition from the down position to the upright position” [0070]).
- Regarding Claim 13. Zollars discloses the patient support apparatus of claim 12 wherein the locking mechanism (800/804/1216/1218) is connected to the frame (illustrated by the figures), and the striker (804) is connected to the armrest (502, illustrated by the figures).
- Regarding Claim 14. Zollars discloses the patient support apparatus of claim 12 wherein the manually operable release (800) is positioned substantially out of reach with respect to a patient sitting in the patient support apparatus (100) to limit an ability of the patient to operate the locking mechanism to move the armrest (502) from the armrest position (fig. 1, as illustrated, the release is positioned in an out of reach location).
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.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zollars in view of Paul et al. (US 2017/0079434).
- Regarding Claim 15. Zollars discloses a patient support apparatus (100, fig. 1-30) comprising:
a frame (illustrated by the figues);
a stationary member (504) mounted relative to the frame (illustrated by the figures);
a backrest (400) operable to support a back of the patient between the first and second opposing sides of the patient support apparatus (100), the backrest (400) including a back support surface (illustrated by fig. 1);
a seat (300) operable to support a patient between first and second opposing sides of the patient support apparatus (100), the seat (300) including an upper support surface (illustrated by fig. 1) provided between the back support surface (400) and a front portion of the patient support apparatus (100, illustrated by fig. 1); and
an armrest (502) rotatably mounted to the stationary member (504), the armrest (502) being rotatable between an armrest position (illustrated by fig. 1) and a raised position (illustrated by fig. 9), the armrest (502) including an arm support surface (1202) configured to support an arm of the patient (inherent), the arm support surface (1202) including a rear segment proximal to the backrest (400), a forward segment distal from the backrest (400), and a medial segment between the rear segment and the forward segment (illustrated by fig. 1), the forward segment being higher than the medial segment relative to the upper support surface (illustrated by the figures). Zollars does not disclose the forward segment being higher than the medial segment relative to the upper support surface when the armrest is in the armrest position (illustrated by fig. 1).
However, Paul discloses a similar patient support apparatus, wherein the armrest (12) forward segment is higher than the medial segment relative to the upper support surface (16) when the armrest is in the armrest position (illustrated by fig. 1). It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention as claimed to provide for the armrest to be configured as found in Paul to allow for a change in design/ergonomics of the armrest as disclosed by Zollars to fit whatever use case is required for the patient support apparatus. Further, it would have been an obvious matter of design choice to make the armrest section heights of whatever form or shape was desired or expedient, because a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
- Regarding Claim 16. Zollars as modified discloses the patient support apparatus of claim 15 wherein the forward segment is sloped upward from a first portion of the forward segment that is proximal to the medial segment to a second portion of the forward segment that is distal from the medial segment (illustrated by fig. 11, when the armrest is in the upright position, the design parameters claimed are met).
- Regarding Claim 17. Zollars as modified discloses the patient support apparatus of claim 15 wherein the medial segment includes a midpoint of the arm support surface between a first end of the arm support surface that is proximal to the backrest and a second end of the arm support surface that is distal from the backrest (illustrated by fig. 5).
- Regarding Claim 18. Zollars as modified discloses the patient support apparatus of claim 15 wherein the rear segment slopes downward from a first portion of the rear segment that is proximal to the medial segment to a second portion of the rear segment that is distal from the medial segment (illustrated by fig. 5).
- Regarding Claim 19. Zollars as modified discloses the patient support apparatus of claim 15 wherein the forward segment is raised relative to the medial segment and facilitates ingress and egress with respect to the patient support apparatus (illustrated by fig. 11).
- Regarding Claim 20. Zollars as modified discloses the patient support apparatus of claim 15 comprising a lift assist member (800) connected between the frame and the armrest (502, illustrated by the figures), the lift assist member (800) operable to aid rotation of the armrest from the armrest position to the raised position (“facilitate transitioning of the cantilever portion from a down position to an upright position” [0049]), the lift assist member (800) operable to allow unassisted rotation of the armrest toward the armrest position (illustrated by fig. 1; “does not interfere with arm rest portion securing feature at any point during transition” [0066]).
Response to Arguments
Applicant's arguments, see pages 8-12, filed 4 March 2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments against Zollars assist linkage not disclosing a lift assist member operable to apply force to the armrest to aid rotation, the application of force in Zollars is through the removal of the locking feature, which then allows free rotation of the armrest. The application of force within Zollars is through the removal of the force holding the locking feature in place. If the applicant’s intent is to claim that the lift assist member actually moves the armrest on its own, without any outside influence, the claim language to should be amended to clearly state this feature. However, if the claim is amended to positively recite the lift assist member solely moving the armrest, the examiner will modify the Zollar reference to incorporate the Newfer reference (US 2016/0279003) to incorporate the lift assist spring (148, fig. 6) which “provides an upward force on the connecting arm 126” [0021].
Regarding applicant’s arguments against Zollars locking mechanism, the examiner does not agree. Zollars locking mechanism is now clearly delineated within the updated rejection of claim 12.
Regarding the applicant’s arguments against Zollars armrest design, the rejection has been modified to incorporate Paul which clearly discloses the claimed design configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in PTO-892.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYE W ABELL whose telephone number is (303)297-4408. The examiner can normally be reached on Monday - Thursday 0700-1700 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/TYE WILLIAM ABELL/Primary Examiner, Art Unit 3644 6 March 2026