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 1-20 have been examined in this application. This communication is the first action on merits.
Claim Objections
Claim 17 is objected to because of the following informalities:
Claim 17 states ‘a waist of a user’ however, the preamble includes primary antecedent basis of ‘a user’. As such, the following amendment is suggested to include secondary antecedent basis: ‘a waist of [[a]] the user’
Appropriate correction is required.
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)(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) 1, 7-8, 10-11, 13-14, and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gray (US 8850636 B2).
In regards to Claim 1, Gray teaches: A transfer device (1- Fig. 1) comprising: a mobile platform (20 - Fig. 2); a lifting assembly extending upwards from the mobile platform (40 - Fig. 6); a rotation mechanism forming a part of the mobile platform (10 - Figs. 3-4, shown to form a portion of mobile platform 20) and configured to rotate the mobile platform (Col 5 Lines 11-59); and a lift mechanism (47 - Fig. 7) forming a part of the lifting assembly (47 shown to be integral to element '40' of the lifting assembly) and configured to lift and lower the lifting assembly (Col 9 Lines 37-60).
In regards to Claim 7, Gray teaches: The transfer device of claim 1, wherein the lifting assembly includes a boom arm (41 - Fig. 6) that further comprises: a set of linkages (30 - Fig. 5, shown with two individual sides for left and right usage) that are pivotable with respect to one another to lift and lower the boom arm ("Each Support block (31) is pivotably attached to the Outrigger Fulcrum Bar (33), for example, one may be attached at a point between the center of the Outrigger Fulcrum Bar (33) and one end of the Outrigger Fulcrum Bar (33) and the other may be attached at a point between the center of the Outrigger Fulcrum Bar (33) and the opposite end of the Outrigger Fulcrum Bar (33). In this embodiment, attachment in this manner secures the Outrigger Fulcrum Bar (33) and thus the Outrigger Assembly (30) to the Trailing Cart (20) yet allows the remaining components of the Outrigger Assembly (30) to pivot freely about an axis created by the Outrigger Fulcrum Bar (33).").
In regards to Claim 8, Gray 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. 5.1 from Gray) ; and a second arm extending upward from the mobile platform (see annotated Fig. 5.1 from Gray), wherein the first arm and the second arm are connected at a first pivot point (33 - Fig. 5, connected indirectly on either side).
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Annotated Fig. 5.1 from Gray
In regards to Claim 10, Gray teaches: The transfer device of claim 8, wherein the lifting assembly further comprises: a handle (see annotated Fig. 12.1 from Gray) connected to the first arm that is positioned to be grasped by a user (Fig. 13A - 13B indicate user utilizing handle to function the switches on control body).
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Annotated Fig. 12.1 from Gray
In regards to Claim 11, Gray teaches: The transfer device of claim 10, wherein the lifting assembly further comprises: a rotate control (78 - Fig. 12, 'With the Lift Arm (41) locked in the fully upright position, the Outriggers (36) raised, and the user connected to the Device (1), the user may then proceed to drive the Device (1) using either of the two joysticks (75 or 78) to control the speed and direction of the Device (1) by controlling the speed of each individual Motorized Drive Wheel (13) as is the method by which a user would typically control the speed and direction of a motorized wheelchair.') positioned on the handle and coupled to the rotation mechanism (shown in annotated Fig. 12.1 from Gray to be coupled thereto); and a lift control positioned on the handle (76 - Fig. 12, shown in Fig. 16C with user's hand on handle) and coupled to the lift mechanism (shown in annotated Fig. 12.1 from Gray to be coupled thereto, 'Depending upon the selected position of the Control Body (71) the user would use either the First Main Actuator In/Out Switch (73) as shown in FIG. 11 of the drawings or the Second Main Actuator In/Out Switch (76) as shown in FIG. 12, to activate the Main Actuator Motor (48) causing the Main Linear Actuator (47) to either extend or contract.'); wherein the rotate control and the lift control are positioned on the handle to be easily accessible by the user (shown in Fig. 12.1 from Gray to be positioned on the handle and easily accessible by the user).
In regards to Claim 13, Gray teaches: The transfer device of claim 1, and further comprising: a transfer belt (80 - Fig. 15) 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 (Figs. 16A-C, "FIG. 11 of the drawings or the Second Main Actuator In/Out Switch (76) as shown in FIG. 12 of the drawings to activate the Main Actuator Motor (48) causing the Main Linear Actuator (47) to contract, thus causing the Lift Arm (41) and thus the attached Lift Arm Extension (42) and the attached components of the User Connection Group (80) which are being used to attach the user to the Device (1) to move upward and forward away from the seating surface.").
In regards to Claim 14, Gray teaches: The transfer device of claim 1, wherein the lifting assembly comprises: a first arm extending upward from the mobile platform (see annotated Fig. 5.1 from Gray); a second arm extending upward from the mobile platform (see annotated Fig. 5.1 from Gray); and a handle extending between the first arm and the second arm (see annotated Fig. 12.1 from Gray, laterally centralized and extending between each first and second arm).
In regards to Claim 17, Gray teaches: A method of using a transfer device (1- Fig. 1) to lift and rotate a user (user shown in Fig. 16A-C), the method comprising: wrapping a belt (80 - Fig. 15) around a waist of a user (user has belt 80 wrapped around as shown in Fig. 16A-C); positioning feet of the user on a mobile platform (25- Fig. 2) of the transfer device ("the Standing Platform (25) where the user may place his/her feet during the sit-to-stand procedure and where the user may stand while using the mobility feature Device (1)"); lifting the user from a sitting position (Fig. 16A) to a standing position (Fig. 16C) by actuating a lift mechanism of the transfer device (47 - Fig. 1, "the Second Main Actuator In/Out Switch (76) as shown in FIG. 12, to activate the Main Actuator Motor (48) causing the Main Linear Actuator (47) to either extend or contract."); and rotating the user by actuating a rotation mechanism of the transfer device (10 - Figs. 3-4).
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(2) 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Gray (US 8850636 B2) in view of Domenick (US 20170156959 A1)
In regards to Claim 2, Gray teaches: The transfer device of claim 1, wherein the mobile platform further comprises: a base (25 - Fig. 3); but Gray does not explicitly teach, and a brace plate positioned below the base and configured to rest upon a floor.
Domenick teaches: and a brace plate positioned below the base and configured to rest upon a floor (110 - Fig. 8, shown to rest upon a floor surface, also shown below base in Fig. 1).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray directed to the transfer device with base by incorporating a brace plate positioned below the base and configured to rest upon a floor as taught in Domenick directed to a rotational and translational transfer lift since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of ensuring safety and comfort to effectively transfer the user.
In regards to Claim 3, Gray in view of Domenick teaches: The transfer device of claim 2, Gray further teaches, wherein the rotation mechanism comprises: a rotation motor ('a set of motorized drive wheels (13)' further noting Figs. 3-4); but Gray does not explicitly teach, 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 further teaches: a first gear (smaller gear shown in Fig. 5 of Domenick) coupled to the rotation motor (122 - Fig. 5) and positioned between the base and the brace plate (first gear is shown to be between the base and the brace plate 110); and a second gear (larger gear 123 shown in Fig. 5 of Domenick) coupled to the first gear and positioned between the base and the brace plate (coupled to first gear via 121 'motor driver' and surrounding each gear).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray in view of Domenick directed to a rotation motor with transfer device by incorporating 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 as taught in Domenick directed to a rotational and translational transfer lift since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of generating enough torque to lift a user such that the motor can generate force and the gear can significantly increase the motors torque output which is crucial for the lift to increase safety and performance.
In regards to Claim 4, Gray in view of Domenick teaches: The transfer device of claim 3, Domenick further teaches, wherein the first gear is a planetary gear (smaller first gear as shown in Fig. 5, and also as shown via the rotation in Figs. 8-9 will rotate around the center section lateral to the drive shaft 133) and the second gear is a stationary gear (larger gear 123 as shown in Fig. 5, and also shown via the rotation in figs. 8-9 will maintain its stationary location in the center as it rotates and maintains its position due to the drive shaft 133).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray in view of Domenick directed to a rotation motor with transfer device and first gear by incorporating a planetary gear as taught in Domenick directed to a rotational and translational transfer lift since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of generating enough torque to lift a user such that the motor can generate force and the gear can significantly increase the motors torque output which is crucial for the lift to increase safety and performance.
In regards to Claim 5, Gray 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 0148: "This can have the effect that when the user 101 desires to rotate the system 100, the rotational motor 122 turns the rotational gearing 123, which causes the rotational base plate 120 and its associated elements to rotate about an axis through the axis of the rotational base plate 120.").
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray in view of Domenick directed to a rotation motor with transfer device and first gear by incorporating the base to rotate by the second gear as taught in Domenick directed to a rotational and translational transfer lift since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for precise positioning and enhancing maneuverability in tight spaces while further limiting caregiver strain by limiting manual movement of the patient lift which will decrease the injury of the caregiver.
In regards to Claim 6, Gray in view of Domenick teaches: The transfer device of claim 3, Gray teaches, wherein the mobile platform further comprises: one or more wheels (26 - Fig. 4) connected to the mobile platform (26 shown connected to mobile platform 20), but Gray does not explicitly teach, wherein the one or more wheels are configured to be engaged and extend below a bottom of the brace plate to allow the transfer device to be moved, and wherein the one or more wheels are configured to be disengaged where the brace plate will extend below the one or more wheels and rest on a floor to stabilize the transfer device on the floor.
Domenick teaches: wherein the one or more wheels are configured to be engaged and extend below a bottom of the brace plate to allow the transfer device to be moved (Fig. 7 and Figs. 12-16 indicate the wheels being below a bottom surface of the brace plate and able to transfer and move along the floor), and wherein the one or more wheels are configured to be disengaged where the brace plate will extend below the one or more wheels and rest on a floor to stabilize the transfer device on the floor (whereas in another configuration Figs. 8-11, the wheels are disengaged and the brace plate extend below/underneath the one or more wheels and rests on a floor to stabilize the transfer device).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray in view of Domenick directed to a rotation motor with transfer device with base plate and one or more wheels by incorporating a bottom of the brace plate being capable of moving and disengaging the brace plate to allow the wheels to contact the floor to stabilize the transfer device on the floor as taught in Domenick directed to a rotational and translational transfer lift since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing stability and safety during transfers to prevent tipping and enhancing stability during the different varieties of uses the device might move through.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gray (US 8850636 B2) in view of Moffa et al., hereinafter 'Moffa' (US 20030208844 A1).
In regards to Claim 18, Gray 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 (78 - Fig. 12, 'With the Lift Arm (41) locked in the fully upright position, the Outriggers (36) raised, and the user connected to the Device (1), the user may then proceed to drive the Device (1) using either of the two joysticks (75 or 78) to control the speed and direction of the Device (1) by controlling the speed of each individual Motorized Drive Wheel (13) as is the method by which a user would typically control the speed and direction of a motorized wheelchair.'); and extending the linear actuator to extend a boom arm of the transfer device (41- Figs. 16A-16C, extends upward to a vertical angle to stand or extends downward at an acute angle relative to the mobile platform) to lift the user from the sitting position to the standing position (as shown in the sit-to-stand procedure shown in Figs. 16A-16C).
Gray does not explicitly teach, sending a signal from the lift control to a linear actuator to actuate the linear actuator;
Moffa teaches: sending a signal from the lift control to a linear actuator to actuate the linear actuator (Para 0014: "An operator of the lifting device controls operation by sending control signals to the controller that, in turn, forwards control signals to actuators to generate the movement of the lifting device in accordance with the control signal" and Para 0026: "Extension of the lift arm from about 29 degrees above, to about 45 degrees below, the horizontal reference position shown may be accomplished by, for example, electric motor driven linear actuator 128. The actuator 128 acts a lifter, providing power to extend or retract actuator rod 130, thereby raising or lowering lift arm assembly 122 actuator rod 130.");
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gray directed to a lift mechanism for the transfer device with lift control by incorporating a signal being sent from the lift control to a linear actuator to actuate as taught in Moffa directed to a control apparatus and control method for patient lift and transfer device since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of providing precise control and positioning to allow for accurate and controlled adjustments.
Allowable Subject Matter
Claim(s) 9, 12, 15-16, and 19-20 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, the prior art of Gray teaches: The transfer device of claim 8, wherein: the first arm comprises: a first bar (34 on one side, see annotated Fig. 5.2 from Gray); and a second bar connected to the first bar at a second pivot point (35 on the same side, see annotated Fig. 5.2 from Gray - connected at a second pivot point as shown in annotated Fig. 5.2 from Gray); and the second arm comprises: a third bar (see annotated Fig. 5.2 from Gray); and a linear actuator (38 - Fig. 5, " Outrigger Spreader Actuator", see annotated Fig. 8.1 from Gray) connected to the third bar at a third pivot point (see annotated Fig. 8.1 from Gray), however, Gray does not teach, disclose or render obvious wherein the linear actuator is configured to move between a retracted position and an extended position to lift and lower the boom arm. Rather, as shown in the annotated Fig. 5.2 and Fig. 8.1 from Gray below, the linear actuator does not lift/lower the arm in a vertical or other form of direction to be considered to increase or decrease in a height form. Rather the disclosed linear actuator and its respect positions to each of the first and second bar are only capable of increase and decreasing the width and provides no dimension in height or raising/lowering the boom arm.
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Annotated Fig. 5.2 from Gray
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In regards to Claim 12, the prior art of Gray teaches the first arm containing outrigger extensions (37) yet they are not intended to be hooks nor are they considered modifiable as such. Rahter they are designed to contact the floor or contact the seat to assist with raising and lowering a user from the location/position they are in. Although there are round openings, the Examiner notes they are neither hooks nor are they designed to have something be hung from.
In regards to Claim 19, Gray teaches, the method of using a transfer device (1- Fig. 1) to lift and rotate a user (Fig. 16A-C), the method comprising: wrapping a belt (Fig. 15) around a waist of a user (Fig. 16A-C); positioning feet of the user on a mobile platform (Fig. 2) of the transfer device; lifting the user from a sitting position (Fig. 16A) to a standing position (Fig. 16C) by actuating a lift mechanism of the transfer device (Fig. 1); and rotating the user by actuating a rotation mechanism of the transfer device (Figs. 3-4). Yet, Gray does not teach, disclose or render obvious the specific capability of further including the following design of actuating a lift control of the transfer device; sending a signal from the lift control to an electric winch to actuate the electric winch; and winding the belt into the electric winch to lift the user from the sitting position to the standing position. Rather, the design does not include a winch or winding belt connected to the winch to assist the user between positions. Rather, the device is strictly of an actuator design and is not needed to further include a winch/pulley mechanism to assist in raising the user. Rather, Gray’s actuator-only design is designed for a simpler and more compact lift mechanism compared to incorporating a winch, multiple cables, and associated pulleys and other system. Which reduces the complexity and limits frequent inspection and replacement of parts such as a winch, cable and other components.
In regards to Claim 20, Gray teaches, the method of using a transfer device (1- Fig. 1) to lift and rotate a user (Fig. 16A-C), the method comprising: wrapping a belt (Fig. 15) around a waist of a user (Fig. 16A-C); positioning feet of the user on a mobile platform (Fig. 2) of the transfer device; lifting the user from a sitting position (Fig. 16A) to a standing position (Fig. 16C) by actuating a lift mechanism of the transfer device (Fig. 1); and rotating the user by actuating a rotation mechanism of the transfer device (Figs. 3-4). Yet, Gray does not teach, disclose or render obvious the specific capability of further including the following design of actuating a rotate control of the transfer device; sending a signal from the rotate control to a rotate motor to actuate the rotate motor, wherein the rotate motor is connected to a first gear; rotating the first gear, wherein the first gear is engaged with a second gear; and rotating the second gear, wherein the mobile platform of the transfer device rotates upon rotation of the second gear. The design of Gray does not include gears, a rotate motor, and mobile platform with second gear upon the transfer device. Gray’s device is strictly of an actuator design with motorized wheels capable of drawing different forms of motion. Further, Gray’s actuator-only design with integrated motorized wheels is designed for a simpler and more compact lift mechanism compared to incorporating multiple gears, multiple motors, and associated other devices/elements and integrated systems. Which reduces the complexity and limits frequent inspection and replacement of parts such as a winch, cable and other components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Poindexter (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.
Spidare (US 20100031439 A1) teaches: An apparatus is provided for lifting and transporting patients. The apparatus may include a base frame, a central frame, a knee pad, and a boom configured to pivot relative to the central frame. The knee pad may have a guide and a rail configured to travel within the guide to allow positioning and adjustment of the knee pad relative to the central frame. The guide may be configured to selectively secure the rail at any location within an adjustment range of the knee pad. The boom may have at least one hook portion for attachment of a device for holding the patient during lifting. The hook portion may include a hook formed from a curved portion of a central member and a clip attached to the curved portion and movable between a closed position and an open position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON EMANSKI whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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, 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 EMANSKI/Primary Examiner, Art Unit 3673
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