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
Claims 1,3-5,7-19 and 21-22 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 07/15/2026 has been acknowledged by the Office.
Claim Rejections - 35 USC § 102
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 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, 7-8, 10, 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Watanabe (KR 20190031286 A).
In regards to Claim 1, Watanabe teaches: A transfer device (1 - Fig. 1) comprising: a mobile platform (22 - Fig. 1) including a base (2 - Fig. 1), a brace plate positioned below the base (21 - Fig. 4a) and configured to rest upon a floor (Fig. 4a shows the base 21 indirectly resting on floor via element '24'), and one or more wheels connected to the mobile platform (27a, 28a - Fig. 3a), wherein the mobile platform is configured to be moved when the one or more wheels are engaged and extending below a bottom of the brace plate to rest upon the floor (Fig. 4a, 4b); a lifting assembly extending upwards from the mobile platform (3 - Fig. 1); a rotation mechanism forming a part of the mobile platform and configured to rotate the base when the one or more wheels are disengaged and the brace plate extends below the one or more wheels and is resting on the floor (23 - Figs. 4a, 4b, noting "The connecting mechanism 23 is controlled and driven by the driving force from the electric motor 20 to rotate the rotating body 22 about the rotating shaft C1 extending in the up and down direction with respect to the supporting body 21."); and a lift mechanism (7 - Fig. 1) forming a part of the lifting assembly and configured to lift and lower the lifting assembly (Fig. 2).
In regards to Claim 7, Watanabe teaches: The transfer device of claim 1, wherein the lifting assembly includes a boom arm (4 - Fig. 9) that further comprises: a set of linkages (see annotated Fig. 9.1 from Watanabe) that are pivotable with respect to one another to lift and lower the boom arm (Figs. 5a-5c, and Fig. 9).
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Annotated Fig. 9.1 from Watanabe
In regards to Claim 8, Watanabe teaches: The transfer device of claim 7, wherein the set of linkages further comprise: a first arm extending upward from the mobile platform (see annotated Fig. 9.1 from Watanabe); and a second arm extending upward from the mobile platform, wherein the first arm and the second arm are connected at a first pivot point (see annotated Fig. 9.1 from Watanabe).
In regards to Claim 10, Watanabe teaches: The transfer device of claim 8, wherein the lifting assembly further comprises: a handle connected to the first arm that is positioned to be grasped by a user (54 - Fig. 1).
In regards to Claim 14, Watanabe teaches: The transfer device of claim 1, wherein the lifting assembly comprises: a first arm extending upward from the mobile platform (see annotated Fig. 9.1 from Watanabe); a second arm extending upward from the mobile platform (see annotated Fig. 9.1 from Watanabe); and a handle extending between the first arm and the second arm (54 - Fig. 1).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 17, 19 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Domenick (US 20170156959 A1)
In regards to Claim 17, Domenick teaches: A method of using a transfer device to lift and rotate a user (Para 0012 and Figs. 8-11), the method comprising: wrapping a belt around a waist of the user (144d - Fig. 3 and Fig. 8, Para 0200); positioning feet of the user on a mobile platform of the transfer device (Figs. 8-11 showing feet of the user on mobile platform); lifting the user from a sitting position to a standing position by actuating a lift mechanism of the transfer device (Figs. 8-9); and rotating the user by actuating a rotation mechanism of the transfer device (Para 0206), which further comprises: actuating a rotate control of the transfer device (Para 0213); sending a signal from the rotate control (128 - Fig. 1, Para 0134) to a rotate motor to actuate the rotate motor (122 - Fig. 5, Para 0134), wherein the rotate motor is connected to a first gear (123 - Fig. 5); rotating the first gear, wherein the first gear is engaged with a second gear (121 - Fig. 5); and rotating the second gear (Para 0140), wherein the mobile platform of the transfer device rotates upon rotation of the second gear (Para 0140 and 0148).
In regards to Claim 19, Domenick teaches: The method of claim 17, wherein lifting the user from the sitting position to the standing position by actuating the lift mechanism of the transfer device further comprises: actuating a lift control of the transfer device (151 - Fig. 1); sending a signal from the lift control (155 - Fig. 1, Para 0155 and 0213) to an electric winch to actuate the electric winch (152 - Fig. 1); and winding the belt into the electric winch to lift the user from the sitting position to the standing position (153 - Fig. 1, Para 0179-0180).
In regards to Claim 22, Domenick teaches: A transfer device (Fig. 1) comprising: a mobile platform (120 - Fig. 6); a lifting assembly extending upwards from the mobile platform (150- Fig. 6), wherein the lifting assembly comprises: a first arm extending upward from the mobile platform (130 - Fig. 2); a second arm extending upward from the mobile platform (144b - Fig. 2); a handle extending between the first arm and the second arm (160 - Fig. 6); an electric winch positioned on the mobile platform (152 - Fig. 1); a pulley connected to the first arm (156 - Fig. 3); and a belt having a first end connected to the electric winch and extending through the pulley (153 - Fig. 1, Para 0179-0180), wherein the electric winch is configured to wind and unwind the belt (Para 0227-0228); a rotation mechanism forming a part of the mobile platform and configured to rotate the mobile platform (122 - Fig. 5); and a lift mechanism forming a part of the lifting assembly and configured to lift and lower the lifting assembly (151 - Fig. 7, Para 0180).
Claim(s) 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Domenick (US 20170156959 A1).
In regards to Claim 21, Eklof teaches: A transfer device (10 - Fig. 1) comprising: a mobile platform (14 - Fig. 1, Col 5 Lines 27-51); a lifting assembly (30 - Fig. 1) extending upwards from the mobile platform and including a boom arm (12 - Fig. 1) that includes a set of linkages that are pivotable with respect to one another to lift and lower the book arm (21/22/23/24 - Figs. 1-3), wherein the set of linkages further comprises: a first arm extending upward from the mobile platform ([23,24] - Fig. 1), wherein the first arm comprises: a first bar (24 - Fig. 1); and a second bar connected to the first bar at a first pivot point (23 - Fig. 1); and a second arm extending upward from the mobile platform (31- Fig. 1), wherein the second arm comprises: a third bar (22 - Fig. 1); and a linear actuator connected to the third bar at a second pivot point (30 - Fig. 1), wherein the linear actuator is configured to move between a retracted position and an extended position to lift and lower the boom arm (Fig. 1 vs. Fig. 3); wherein the first arm and the second arm are connected at a third pivot point (see connection in Fig. 1 where 23,24 are connected); a rotation mechanism forming a part of the mobile platform and configured to rotate the mobile platform (57 - Fig. 4, Col 7 Lines 23-25); and a lift mechanism forming a part of the lifting assembly and configured to lift and lower the lifting assembly (40 - Fig. 1).
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) 3-5, 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (KR 20190031286 A) in view of Domenick (US 20170156959 A1).
In regards to Claim 3, Watanabe teaches: The transfer device of claim 1, but Watanabe does not explicitly teach, wherein the rotation mechanism comprises: a rotation motor; a first gear coupled to the rotation motor and positioned between the base and the brace plate; and a second gear coupled to the first gear and positioned between the base and the brace plate.
Domenick teaches: wherein the rotation mechanism comprises: a rotation motor (20 - Fig. 4a, 4b, noting "The connecting mechanism 23 is controlled and driven by the driving force from the electric motor 20 to rotate the rotating body 22 about the rotating shaft C1 extending in the up and down direction with respect to the supporting body 21."); a first gear (121 - Fig. 5) coupled to the rotation motor and positioned between the base and the brace plate (Fig. 5); and a second gear coupled to the first gear and positioned between the base and the brace plate (123 - Fig. 5).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe to incorporate the rotation motor and associated first and second gear arrangement taught by Domenick because such a gear-driven rotation mechanism provides a compact, reliable, and mechanically efficient means for transmitting rotational power to the rotating assembly, thereby improving rotational control while utilizing known mechanical components for their intended purpose.
In regards to Claim 4, Watanabe in view of Domenick teaches: The transfer device of claim 3, Domenick further teaches, wherein the first gear is a planetary gear (121 shown in Fig. 5 to be planetary gear rotating around gear 123) and the second gear is a stationary gear (123 shown in Fig. 5 to be stationary gear rotating around 133).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe in view of Domenick to further configure the first gear as a planetary gear and the second gear as a stationary gear as taught by Domenick because planetary gear systems provide efficient torque transmission, compact packaging, and smooth rotational movement, making them a well-known design choice for rotating mechanisms in transfer devices.
In regards to Claim 5, Watanabe in view of Domenick teaches: The transfer device of claim 3, Domenick further teaches, wherein the base is configured to rotate upon rotation of the second gear (Para 0134).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe in view of Domenick to further to configure the base to rotate upon rotation of the second gear as taught by Domenick because doing so provides a direct and efficient mechanical relationship between the gear assembly and the rotating base, improving controlled rotation of the transfer device while employing a known and predictable gear-driven arrangement.
In regards to Claim 11, Watanabe teaches: The transfer device of claim 10, Watanabe does not explicitly teach, wherein the lifting assembly further comprises: a rotate control positioned on the handle and coupled to the rotation mechanism; and a lift control positioned on the handle and coupled to the lift mechanism; wherein the rotate control and the lift control are positioned on the handle to be easily accessible by the user.
Domenick teaches: wherein the lifting assembly further comprises: a rotate control positioned on the handle and coupled to the rotation mechanism (128 - Fig. 1, Para 0134); and a lift control positioned on the handle and coupled to the lift mechanism (155 - Fig. 1, Para 0181); wherein the rotate control and the lift control are positioned on the handle to be easily accessible by the user (Fig. 1 of Para 0183).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe in view of Domenick to position both the rotate control and the lift control on the handle as taught by Domenick because locating frequently used controls within easy reach of the operator improves ergonomics, facilitates single-user operation, and enhances the overall ease and efficiency of operating the transfer device.
In regards to Claim 12, Watanabe in view of Domenick teaches: The transfer device of claim 10, Domenick further teaches, and further comprising: one or more hooks connected to the first arm (Para 0174), wherein a transfer belt is configured to be releasably connected to the one or more hooks (144d - Fig. 3 - Para 0200).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe to further provide one or more hooks on the first arm for releasably connecting a transfer belt as taught by Domenick because removable hook connections enable quick attachment and removal of the transfer belt, improving usability, patient transfer efficiency, and compatibility with various lifting accessories.
In regards to Claim 13, Watanabe teaches: The transfer device of claim 1, Watanabe does not explicitly teach, and further comprising: a transfer belt that releasably connected to the lifting mechanism, wherein the transfer belt is configured to be wrapped around and secured to a user of the transfer device.
Domenick teaches: and further comprising: a transfer belt that releasably connected to the lifting mechanism (144d - Fig. 3 - Para 0200), wherein the transfer belt is configured to be wrapped around and secured to a user of the transfer device (Para 0200, 0202, see Fig. 3).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe to further provide a transfer belt releasably connected to the lifting mechanism as taught by Domenick because a releasable transfer belt securely supports the user during lifting while allowing convenient attachment, removal, and replacement, thereby increasing the versatility and functionality of the transfer device.
In regards to Claim 15, Watanabe teaches: The transfer device of claim 14, Watanabe does not explicitly teach, wherein the lifting assembly further comprises: an electric winch positioned on the mobile platform; a pulley connected to the first arm; and a belt having a first end connected to the electric winch and extending through the pulley, wherein the electric winch is configured to wind and unwind the belt.
Domenick teaches: wherein the lifting assembly further comprises: an electric winch positioned on the mobile platform (152 - Fig. 7); a pulley connected to the first arm (156 - Fig. 3); and a belt having a first end connected to the electric winch and extending through the pulley (144d - Fig. 3, Para 2000), wherein the electric winch is configured to wind and unwind the belt (Para 0227-0228).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the transfer device of Watanabe to further incorporate an electric winch, pulley, and belt arrangement as taught by Domenick because such a lifting mechanism provides controlled raising and lowering of the user, reduces operator effort, and represents a well-known and reliable means for transmitting lifting forces in patient transfer systems.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Domenick (US 20170156959 A1) in view of Hammond et al., hereinafter 'Hammond' (US 20120255118 A1).
In regards to Claim 18, Domenick teaches: The method of claim 17, wherein lifting the user from the sitting position to the standing position by actuating the lift mechanism of the transfer device further comprises: actuating a lift control of the transfer device (152 - Fig. 1); but Domenick does not explicitly teach, sending a signal from the lift control to a linear actuator to actuate the linear actuator; and extending the linear actuator to extend a boom arm of the transfer device to lift the user from the sitting position to the standing position.
Hammond teaches: sending a signal from the lift control to a linear actuator to actuate the linear actuator (58 - Fig. 1 and Fig. 7, Para 0035); and extending the linear actuator to extend a boom arm of the transfer device to lift the user from the sitting position to the standing position (Figs. 6-8, Para 0035 and noting Para 0040).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Domenick to include sending a signal from the lift control to a linear actuator and extending the linear actuator to raise the boom arm as taught by Hammond because electrically actuated linear actuators provide precise, reliable, and repeatable lifting motion while reducing manual effort, thereby improving the performance and ease of operation of the transfer device through the predictable use of known actuator technology.
Allowable Subject Matter
Claim(s) 9 and 16 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:
In regards to Claim 9, Watanabe teaches the transfer device including a first arm having a first bar (see annotated Fig. 9.1 from Watanabe). However, Watanabe fails to teach, disclose, or render obvious, either alone or in combination with the applied prior art, a first arm further comprising a second bar connected to the first bar at a second pivot point, and a second arm comprising a third bar and a linear actuator connected to the third bar at a third pivot point, wherein the linear actuator is configured to move between a retracted position and an extended position to lift and lower the boom arm. The prior art fails to disclose the particular multi-bar linkage arrangement and actuator connection as claimed, which provides a specific articulated lifting structure for controlling movement of the boom arm. Accordingly, the claimed configuration is not taught or suggested by the prior art of record.
In regards to Claim 16, Watanabe in view of Domenick teaches a transfer device including a belt for supporting a user during transfer. However, neither Watanabe nor Domenick teaches, discloses, or renders obvious wherein a second end of the belt is releasably connected to the second arm, and wherein the belt is configured to be wrapped around a user of the transfer device to lift the transfer device. Rather, the prior art merely teaches user-supporting slings or harnesses that remain coupled to their respective lifting mechanisms and does not disclose a belt having a releasable connection to the second arm in the manner claimed. The claimed releasable attachment provides a distinct structural and functional arrangement that permits the belt to be selectively connected to the second arm while being wrapped around the user, which is neither taught nor suggested by the cited references. Accordingly, the prior art fails to teach or render obvious the limitations of Claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Poindexter et al., (US 6053519 A) teaches: An occupant-operated motorized vehicle is provided having a motorized front wheel assembly. The vehicle is further provided with an operator controlled lifting structure which aids the occupant in coming to a standing position. The lifting structure includes a linear actuator that is coupled to a clevis, which is in turn coupled to a shaft. Activation of the actuator causes the clevis and therefore the shaft to rotate. Attached to each end of the shaft is a lift lever that extends rearwardly away from the shaft. The end of the lever not attached to the shaft are equipped to be coupled to a support sling that is used to support the occupant and raise the occupant to a standing position. The vehicle is further equipped with a seat to accommodate the occupant in an initial seated position, and at any time that the occupant desires to be in a seated position. The vehicle of the invention also includes a hip support which is used to support the occupant in a stable, standing position and which may be adjusted vertically to enhance the support and comfort of the occupant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 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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MADISON MATTHEWS
Primary Examiner
Art Unit 3673
/MADISON MATTHEWS/Primary Examiner, Art Unit 3673
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