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 § 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.
Claim(s) 1-6, 8-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hahn (US 7191477).
Claim 1- Hahn discloses a patient transfer chair device (220), figures 25-27, comprising: a base (222) comprised of a wheel (the base actually compises a plurality of wheels 236, 238); a rotating platform (224) positioned on a top surface of the base; and a chair (226) positioned on a top surface of the base.
Claim 2- Hahn discloses the patient transfer chair device of claim 1, wherein the rotating platform rotates 360 degrees around the base (col. 6: 20-26, col. 10: 36-38).
Claims 3 & 4- Hahn discloses the patient transfer chair device of claim 1, wherein the rotating platform (fig. 2) is comprised of a non-slip rubber top surface (16); wherein the top surface is comprised of a raised or a recessed texture (17).
Claim 5- Hahn discloses the patient transfer chair device of claim 1, wherein the chair is comprised of a seat (230).
Claim 6- Hahn discloses the patient transfer chair device of claim 1, wherein the chair is comprised of a backrest (232).
Claim 8- Hahn discloses the patient transfer chair device of claim 1 further comprised of a handle (234).
Claim 9- Hahn discloses a patient transfer chair device (220), figures 25-27, comprising: a base (222) comprised of a wheel (the base actually compises a plurality of wheels 236, 238), the wheel comprised of a lock (260); a rotating platform (224) attached to a top surface of the base via a vertical axle (defined by the stacked plates of the turntable 40, figure 9); and a chair (226) positioned on a top surface of the base, the chair comprised of a seat (230); a motor (the motor 96 and gear assembly shown in figs. 14-15 and 24 operates the rotation of the platform 224, col. 10: 36-45); a battery (col. 12: 4-10); and a button (provided on remote controller 60).
Claim 10- Hahn discloses the patient transfer chair device of claim 9, wherein the motor (96) rotates the vertical axle (via rotation of the platform to which the axle 40 is attached).
Claim 11- Hahn discloses the patient transfer chair device of claim 10, wherein the axle (via the rotating platform) can rotate 360 degrees relative to a Y-axis of the base (col. 6: 20-26, col. 10: 36-38).
Claim 12- Hahn discloses the patient transfer chair device of claim 9, wherein the chair is comprised of a backrest (232).
Claim 14- Hahn discloses the patient transfer chair device of claim 9, wherein the chair is comprised of an armrest (not designated, figs. 25-29).
Claim(s) 9, 14, 16-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Camp (US 8302221). The reference to Hahn (US 7,191,477) is incorporated herein by reference (col. 2: 57-58).
Claim 9- Camp discloses a patient transfer chair device (20) comprising: a base (22) comprised of a wheel (the base actually comprises a plurality of wheels 10, 12), the wheel comprised of a lock (brake assembly 260, disclosed by Hahn); a rotating platform (24) attached to a top surface of the base via a vertical axle (defined by the wheel assembly 52, fig. 1A); and a chair (26) positioned on a top surface of the base, the chair comprised of a seat (30); a motor (72); a battery (84); and a button (provided on hand controller 86, fig. 10).
Claim 14- Camp discloses the patient transfer chair device of claim 9, wherein the chair is comprised of an armrest (33).
Claim 16- Camp discloses the patient transfer chair device of claim 9, wherein the chair is comprised of a vertical frame member (rear brackets 120), shown best in figures 1C and 3C.
Claim 17- Camp discloses the patient transfer chair device of claim 16, wherein the seat (30) attaches to a motorized track (70) of the vertical frame member and can be moved up and down the vertical frame member via the motor (col. 4:65 - 5:7).
Claim 19- Camp discloses a method of using a patient transfer chair device, the method comprising the following steps:
providing a patient transfer chair device (20) comprised of a base (22) comprised of a wheel (the base actually comprises a plurality of wheels 10, 12), a rotating platform (24), and a chair (26);
positioning the device next to a bed (col. 1: 25-28);
locking the wheel via a lock (260) of the wheel (brake assembly 260, disclosed by Hahn- col. 11: 49-53);
placing a foot of a user on the rotating platform from the bed (disclosed by Hahn- Abstract);
standing up onto the rotating platform (disclosed by Hahn- Abstract);
rotating the platform (disclosed by Hahn- col. 1: 49-53);
lowering a body of the user onto the chair (col. 4:65 – 5:2); and disengaging the lock and rolling the patient transfer chair device to transport the user (disclosed by Hahn- col. 2: 26-29).
Claim 20- Camp discloses the method of using a patient transfer chair device of claim 19 further comprised of a step of raising or lowering a seat of the chair (col. 3: 16-31).
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.
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hahn in view of Brown (US 2021/0205158).
Claim 7- Hahn discloses the patient transfer chair device of claim 1, wherein the chair device is a standing aid and comprises a seat (230) and a backrest. The difference between Hahn and the instant claim is Hahn does not teach wherein the chair is comprised of a seat belt.
However, Brown discloses a chair device that functions as a standing aid and comprises a seat and a backrest (fig. 37); wherein the chair is comprised of a seat belt (800). Brown teaches that it is suitable to provide a seatbelt with the chair in order to secure the occupant during transition between the sitting and standing positions (fig. 39-40, ¶ [108]- [109]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the chair device of Hahn with a seatbelt, as taught by Brown, in order to secure the occupant during movement between seated and standing positions.
Claim 13- Hahn discloses the patient transfer chair device of claim 9, wherein the chair device is a standing aid and comprises a seat (230) and a backrest. The difference between Hahn and the instant claim is Hahn does not teach wherein the chair is comprised of a seat belt.
However, Brown discloses a chair device that functions as a standing aid and comprises a seat and a backrest (fig. 37); wherein the chair is comprised of a seat belt (800). Brown teaches that it is suitable to provide a seatbelt with the chair in order to secure the occupant during transition between the sitting and standing positions (fig. 39-40, ¶ [108]- [109]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the chair device of Hahn with a seatbelt, as taught by Brown, in order to secure the occupant during movement between seated and standing positions.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Camp in view of Miller (US 10940070).
Claim 15- Camp discloses the patient transfer chair device of claim 14, wherein the armrest (33) is mounted to the backrest (32).
Camp does not teach wherein the armrest is comprised of a folding armrest.
However, Miller discloses a patient transfer device comprising a chair device, wherein an armrest (84) is mounted to a backrest of the chair, and the armrest is a folding armrest (figs. 10-11). Miller teaches that it is suitable to provide folding armrests in order to facilitate movement of the occupant into or out of the chair device (col. 2: 10-26).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the chair device of Camp, as taught by Miller, in order to facilitate the transfer of the occupant into or out of the chair.
Allowable Subject Matter
Claim 18 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636