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 .
Response to Arguments and Amendments
The amendments, filed January 27, 2026, have been entered. Claims 1 and 15-17 have been amended. Claim 10 has previously been cancelled. Claims 1-20 are currently pending in the application.
Applicant argues on pages 6-7 of Applicant’s remarks that the previously cited prior art does not sufficiently disclose, teach, or suggest the newly amended subject matter of the grasping members comprising segments of progressively diminishing heights. However, a new rejection under 35 U.S.C. 103 has been entered over Dietze (U.S. Publication No. 5,283,917) in view of Theobald (U.S. Patent No. 9,387,895), as discussed in further detail below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) because it was unclear whether infringement occurs when one creates a system that allows the user to perform the claimed method or whether infringement occurs when the user actually performs the claimed method. See MPEP 2173.05(p)(II) It is unclear if the limitation “a console that controls the at least one grasping member” is intending to claim the action of the console controlling the at least one grasping member or if it is intending to claim a console which is configured to control the at least one grasping member. For examination purposes, it is assumed the claim was intended to read “a console which is configured to control the at least one grasping member”. Claims 2-15 are additionally rejected by virtue of their dependence from claim 1.
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 1-4, 7-9, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dietze (U.S. Publication No. 5,283,917) in view of Theobald (U.S. Patent No. 9,387,895).
Regarding claim 1, Dietze discloses a system for repositioning a human body 6, comprising: at least one grasping member 4 configured to be angularly adjusted (Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9, and Figures 1 and 6); console (defined by the positioning equipment described in Col. 1, line 65-Col. 2, line 17 and Col. 1, lines 24-28) that controls the at least one grasping member 4 (Figures 1 and 6 and Col. 1, line 65-Col. 2, line 17 and Col. 1, lines 24-28).
Dietze does not disclose the grasping member configured to be adjusted between a substantially flat arrangement and an arcuate arrangement; the console configured to control the at least one grasping member to move between the substantially flat arrangement and the arcuate arrangement; wherein a grasping member of the at least one grasping member comprises: a plurality of segments of progressively diminishing height sequentially linked to one another.
Theobald teaches a grasping member 40 configured to be adjusted between a substantially flat arrangement and an arcuate arrangement (Col. 8, lines 18-33, where the arm 40 can form a straight rod, defining a flat arrangement, and a “bicep curl” defining an arcuate arrangement, also see Figures 4 and 5); a console (Col. 7, lines 17-30, which discusses wireless controls) that controls the at least one grasping member 40 to move between the substantially flat arrangement and the arcuate arrangement (Col. 7, lines 17-30); wherein a grasping member 40 of the at least one grasping member 40 comprises: a plurality of segments 41, 42, and 50 of progressively diminishing height sequentially linked to one another (Figures 2A-B and 4-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Dietze (directed to a patient lifting system) with Theobald (directed to an articulating lift system) and arrived at a grasping member comprising a plurality of segments of progressively diminishing height sequentially linked to one another configured to be adjusted between a substantially flat arrangement and an arcuate arrangement; the console configured to control the at least one grasping member to move between the substantially flat arrangement and the arcuate arrangement. One of ordinary skill in the art would have been motivated to do so because the grasping members of Theobald are able to work their way gently underneath a person in order to lift them up, and provides a series of padded surfaces which cushions a person (Col. 8, lines 34-45).
Regarding claim 2, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein the at least one grasping member 4 comprises a pair of grasping members 4 configured to respectively curl in opposite directions toward each other (see Dietze, Figure 6).
Regarding claim 3, Dietze, as modified, discloses the subject matter as discussed above with regard to claims 1-2. Dietze, as modified, further discloses wherein the at least one grasping member 4 comprises two of the pair of grasping members (see Dietze, Figure 1, which comprises four pairs of grasping members 4), wherein a first pair 4 of the two pairs is configured to grasp an upper portion of the human body (see Dietze, Figure 1, where two of the four pairs are shown grasping an upper portion of the human body 6), and a second pair of the two pairs 4 is configured to grasp a lower portion of the human body (see Dietze, Figure 1, where two of the four pairs are shown grasping an upper portion of the human body 6).
Regarding claim 4, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein the at least one grasping member 4 is configured to reposition the human body 6 from a first position to a second position (see Dietze, Figure 1 and Col. 1, line 65-Col. 2, line 17).
Regarding claim 7, Dietze, as modified, discloses the subject matter as discussed above with regard to claims 1 and 4. Dietze, as modified, further discloses wherein the first position is a first supine position (see Dietze, Figure 1 and Col. 1, line 65-Col. 2, line 17) and the second position is a second supine position different from the first supine position (see Dietze, Col. 1, line 65-Col. 2, line 17).
Regarding claim 8, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein the console wirelessly controls the at least one grasping member 40 (see Theobald, Col. 7, lines 17-30, which discusses wireless controls).
Regarding claim 9, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein the console (see Theobald, Col. 7, lines 17-30, which discusses wireless controls) controls respective motors 112 of the at least one grasping member 40 to move the at least one grasping member 40 between the substantially flat arrangement and the arcuate arrangement (see Theobald, Col. 13, lines 1-23 and Col. 8, lines 34-45).
Regarding claim 12, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein a grasping member of the at least one grasping member comprises a plurality of slats 41, 42, 50 that are substantially parallel to each other (see Theobald, Figure 2A).
Regarding claim 13, Dietze, as modified, discloses the subject matter as discussed above with regard to claims 1 and 12. Dietze, as modified, further discloses wherein each slat of the plurality of slats 41, 42, 50 is attached, via a hinge mechanism 43 and 44, to an adjacent slat of the plurality of slats 41, 42, 50 (see Theobald, Figure 2A and Col. 8, lines 18-33).
Regarding claim 14, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein the at least one grasping member 4 is attached to a frame 8 and 2 (see Dietze, Figures 1 and 6 and Col. 3, lines 8-29).
Regarding claim 15, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, further discloses wherein each of the segments 41, 42, 50 can rotate with respect to a neighboring one of the segments 41, 42, 50 to form into the arcuate arrangement of the member 41, 42, 50 (see Theobald, Figures 2A-B and 5, Col. 7, lines 17-30); and a curling mechanism for concurrently rotating the segments (see Theobald, Col. 7, lines 17-30).
Regarding claim 16, Dietze (U.S. Publication No. 5,283,917) discloses a method for repositioning a human body 6 which comprises: extending at least one grasping member 4 from a support frame 8 and 2 (Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9, and Figures 1 and 6); wherein said step of extending comprises: adapting said at least one grasping member 4 to have a plurality of segments 21a, 21b, and 5 sequentially linked to one another (Figure 6); configuring said at least one grasping member 4 to be in a first arrangement (Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9, and Figures 1 and 6); positioning said at least one grasping member 4 alongside a part of said body 6 in a first position; angularly adjusting said at least one grasping member 4 from said first arrangement into a second arrangement sliding under said part of said body 6 (Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9 and Col. 3, lines 53-63); lifting said at least one grasping member 4 and said body 6; and, releasing said body in a second position (Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9 and Col. 3, lines 53-63).
Dietze does not disclose adapting said at least one grasping member to have a plurality of segments of progressively diminishing height sequentially linked to one another; configuring said at least one grasping member to be in a substantially flat arrangement; adjusting said at least one grasping member from said substantially flat arrangement into an arcuate arrangement sliding under said part of said body
Theobald teaches adapting said at least one grasping member 40 to have a plurality of segments of progressively diminishing height sequentially linked to one another; configuring said at least one grasping member to be in a substantially flat arrangement; positioning said at least one grasping member alongside a part of said body in a first position( Col. 8, lines 18-33, where the arm 40 can form a straight rod, defining a flat arrangement); adjusting said at least one grasping member from said substantially flat arrangement into an arcuate arrangement sliding under said part of said body (Col. 8, lines 18-33, where the arm 40 can form a “bicep curl” defining an arcuate arrangement, also see Figures 4 and 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Dietze (directed to a patient lifting system) with Theobald (directed to an articulating lift system) such that the grasping member comprises a plurality of segments of progressively diminishing height sequentially linked to one another and to include the step of adjusting between a substantially flat arrangement and an arcuate arrangement. One of ordinary skill in the art would have been motivated to do so because the grasping members of Theobald are able to work their way gently underneath a person in order to lift them up, and provides a series of padded surfaces which cushions a person (Col. 8, lines 34-45).
Regarding claim 17, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 16. Dietze, as modified, further discloses wherein said step of adjusting comprises concurrently rotating said segments 41, 42, 50 (see Theobald, Col. 8, lines 18-33).
Regarding claim 18, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 16. Dietze, as modified, further discloses transferring said body 6 to another location prior to said step of releasing (see Dietze, Col. 1, line 65-Col. 2, line 17).
Regarding claim 19, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 16. Dietze, as modified, further discloses said adjusting comprises wirelessly controlling a motor 112 driving said at least one grasping member (see Theobald, Col. 7, lines 17-30, which discusses wireless controls).
Regarding claim 20, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 16. Dietze, as modified, further discloses wherein said step of extending at least one grasping member 4 further comprises: said at least one grasping member 4 comprising a pair of grasping members (see Dietze, Figure 1, which comprises four pairs of grasping members 4); extending said pair of grasping members 4 from said support frame 8 and 2; and, adapting said pair of grasping members 4 to concurrently curl and bend toward one another (see Dietze, Figure 6 and Col. 1, line 65-Col. 2, line 17, Col. 4, lines 5-9).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Dietze in view of Theobald and further in view of Kamitsukuri (Patent Publication No. JP 2004135855 A).
Regarding claim 5, Dietze, as modified, discloses the subject matter as discussed above with regard to claims 1 and 4. Dietze, as modified, does not disclose wherein the first position is a supine position and the second position is a seating position.
Kamitsukuri teaches wherein the first position is a supine position (shown in Kamitsukuri, Figure 1) and the second position is a seating position (shown in Kamitsukuri, Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Dietze, as modified, (directed to a patient lifting system) with Kamitsukuri (also directed to a patient lifting system) such that the first position is a supine position and the second position is a seating position. One of ordinary skill in the art would have been motivated to do so because the articulating system of Kamitsukuri allows for a patient to be lifted and moved from a variety of positions (Figures 1-2 and paragraphs 0002-0004).
Regarding claim 6, Dietze, as modified, discloses the subject matter as discussed above with regard to claims 1 and 4. Dietze, as modified, does not disclose wherein the first position is a seating position and the second position is a supine position.
Kamitsukuri teaches wherein the first position is a seating position (shown in Kamitsukuri, Figure 2) and the second position is a supine position (shown in Kamitsukuri, Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Dietze, as modified, (directed to a patient lifting system) with Kamitsukuri (also directed to a patient lifting system) the first position is a seating position and the second position is a supine position. One of ordinary skill in the art would have been motivated to do so because the articulating system of Kamitsukuri allows for a patient to be lifted and moved from a variety of positions (Figures 1-2 and paragraphs 0002-0004).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dietze in view of Theobald and further in view of Mizuno (U.S. Publication No. 2007/0295339).
Regarding claim 11, Dietze, as modified, discloses the subject matter as discussed above with regard to claim 1. Dietze, as modified, does not disclose wherein the console further controls respective motors of the at least one grasping member to produce vibrations to facilitate insertion of the at least one grasping member between the human body and a surface on which the human body rests.
Mizuno (U.S. Publication No. 2007/0295339) teaches wherein the console 65 further controls respective motors 82L and 82R (paragraph 0114) of the at least one grasping member 71L and 71R to produce vibrations to facilitate insertion of the at least one grasping member 71L and 71R between the human body 101 and a surface on which the human body rests 102 (Figures 22A-B and paragraph 0114).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Dietze, as modified, with Mizuno (both being directed to a patient lifting assembly) such that the console further controls respective motors of the at least one grasping member to produce vibrations to facilitate insertion of the at least one grasping member between the human body and a surface on which the human body rests. One of ordinary skill in the art would have been motivated to do so because the vibration produced in the grasping members of Mizuno reduce the frictional force between the patient to be carried by the grasping member and the grasping member. This reduction in frictional force allows for easier loading and unloading of the patient into the system as loading of the patient can be accomplished without necessitating a large external force (e.g. a caregiver manually assisting with the loading, paragraphs 0059-0061).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679