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 .
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jie (CN 113954946 A)1.
Regarding Claim 1: Jie discloses (in at least figures 1-17, the description, and the claims) medical device (fig. 1 and par.’s [n005]- [n0011]: carrier vehicle 30 with caster locking indicator. See also par. [n0038]) comprising:
a plurality of drive casters (fig. 1, par. [n005], par. [0026], par. [n0038], and par. [n0042]: central control casters 31);
a plurality of lock mechanisms that are respectively provided in the plurality of drive casters, each of the plurality of lock mechanisms locking movement of a corresponding drive caster (fig. 3, fig. 5, fig. 12, par. [n0006], par. [n0038], par. [n0043], par.’s [0071]-[0080], and par.’s [0082]-[0085]: travel limiting device comprising at least limiting plate 2 and reset plate 10); and
an indicator that presents whether the lock mechanism is in a locked state in which the movement of the drive caster is locked or in a released state in which the movement of the drive caster is allowed (fig.’s 2-4, fig. 7, fig. 16, par. [n0011] par. [n0038], par. [n0048] and par.’s [0082]-[0085]: indicator plate 26).
Regarding Claim 2: Jie discloses the medical device according to claim 1, wherein the indicator has a display area in which a state of the lock mechanism is displayed (fig.’s 1-2, par. [n0038], and par. [n0048]: indicator marks 26.3 displayed in area of cap 21. See also fig. 7), and
the display area is disposed upward or disposed in a posture obliquely facing an upper front direction toward a front upper side, at a lower front part of the medical device (See fig. 1: cap 21 comprising indicator 26).
Regarding Claim 3: Jie discloses the medical device according to claim 2, further comprising:
a rotating shaft that switches the state of the lock mechanism by rotating (fig.’s 1-3, fig. 5, par. [n0008], par. [n0045]) and par.’s [0082]-[0085]: Jie’s locking mechanism comprises multiple connected rotating shafts including at least hexagonal bars 23, rotating rod, and functional rod 16. See par. [n0008] “The rotating rod includes a functional rod installed between the left and right bearings […] The circumferential surface of the functional rod used to connect the bearings is cylindrical. […] Hexagonal bars are coaxially connected to the left and right ends of the functional rod via couplings […] The flat part of the functional rod is embedded in the slot and located inside the coupling, locking the coupling. The other end of the hexagonal bar is inserted into the hexagonal hole of the top rotating wheel of the central control caster” ),
wherein the display area is disposed within a width of the rotating shaft (fig.’s 2-3: display area comprising indicator plate 26 disposed within width of at least the hexagonal bar 23).
Regarding Claim 4: Jie discloses the medical device according to claim 1, further comprising:
a rotating shaft that is mechanically connected to the lock mechanism and switches a state of the lock mechanism by rotating (fig.’s 1-3, fig. 5, par. [n0008], par. [n0045]) and par.’s [0082]-[0085]: Jie’s locking mechanism comprises multiple connected rotating shafts including at least hexagonal bars 23, rotating rod, and functional rod. See par. [n0008] “The rotating rod includes a functional rod installed between the left and right bearings […] The circumferential surface of the functional rod used to connect the bearings is cylindrical. […] Hexagonal bars are coaxially connected to the left and right ends of the functional rod via couplings […] The flat part of the functional rod is embedded in the slot and located inside the coupling, locking the coupling. The other end of the hexagonal bar is inserted into the hexagonal hole of the top rotating wheel of the central control caster”),
wherein the indicator includes
a base on which a display window is formed (See fig. 1: cap 21 comprising indicator 26),
a display plate to which a lock image indicating the locked state and a release image indicating the released state are added and which is configured to be movable between a lock position at which the lock image is exposed to an outside via the display window and a release position at which the release image is exposed to the outside via the display window (fig.’s 2-4, fig. 7, fig. 16, par. [n0011] par. [n0038], par. [n0048] and par.’s [0082]-[0085]: indicator plate 26 with “OFF” and “STOP” indicator marks 26.3 viewable through observation hole 20.1 depending upon lock position), and
a transmission mechanism that transmits rotational movement of the rotating shaft to the display plate to move the display plate between the lock position and the release position (fig.’s 5-8, par.’s [n0009]-[n0011] and par.’s [0082]-[0085]: Jie’s transmission mechanisms comprises multiple elements to move indicator plate 26 including at least pedal bracket 1, limiting plate 2 , cylindrical pin 4, reset plate 10, function lever, and anti-falling surface. See par. [0085]: “During steps 1-3, the pedal bracket rotates via a paddle shifter linked to a cylindrical pin. The paddle shifter causes the top indicator plate to slide back and forth to adjust its position, and the observation hole reveals the OFF or STOP indicator in the final gear position.”).
Regarding Claim 5: Jie discloses the medical device according to claim 4, wherein the transmission mechanism includes
a biasing member that biases the display plate toward one of the lock position or the release position (fig.’s 5-8, par.’s [n0009]-[n0011], and par.’s [0082]-[0085]: Jie’s transmission mechanisms comprises at least tensions spring 7, reset plate torsion spring 9, torsion spring 17, and tension spring 26 as biasing members), and
a pressing body that is mechanically connected to the rotating shaft, rotates together with the rotating shaft, and presses the display plate toward the other of the lock position or the release position against a biasing force of the biasing member in a case where the rotating shaft rotates in a forward direction or in a reverse direction (fig.’s 5-9, par.’s [n0009]-[n0011], and par.’s [0082]-[0085]: Jie’s transmission mechanisms comprises at least pedal bracket 1 with cylindrical pin 4, limiting plate 2, bearing pressure plate 6, hinged bracket 8, reset plate 10, high surface abutment surface 13, and rear leaving surface 33 as pressing bodies).
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 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jie as applied to claim 1 above, and further in view of Kim (US 20130194072 A1).
Regarding Claim 6: Jie discloses the medical device according to claim 1, but does not explicitly disclose a lock sensor.
Kim discloses an analogous art (fig.’s 1-9 and par. 65: caster indicator 200 that displays the state of casters 110 provided on an ultrasonic diagnostic apparatus or a medical bed 1) wherein the indicator includes
a lock sensor that detects a state of the lock mechanism and outputs an electric signal according to a detection result (fig.’s 2-3 and par.’s 65-69: castor indicator 200 includes position sensing unit 220 comprising a plurality of electrical switches 220a-c that output electric signals according to position of lever 120), and
a display unit that switches a display content according to the electric signal from the lock sensor (fig.’s 1-3, par. 52-54, and par.’s 65-69: indicator signals may be outputted to both display unit 210 and display devices 40 and 60 on apparatus 1. See par. 67: “The transmission unit transmits a result of sensing through the position sensing unit 220, i.e., position information of the levers 120, to the main body 10 of the ultrasonic diagnostic apparatus 1. A control device (not shown) provided within the main body 10 may output the state of the casters according to the position information of the levers 120 through one of a visual output method and an auditory output method.” See also par. 66: “position sensing unit 220 may include a photo diode array. In more detail, when a photo diode array is installed below the lever 120, an amount of light received by the photo diode array may be varied according to the position of the lever 120”, i.e. ).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Jie’s indicator to, as taught by Kim, include a position sensor that outputs to a luminous display device thereby improving the user’s ability to readily view a clear indication of the casters’ locking position in both light and dark environments thereby increasing the utility of the overall device (Kim par.’s 81-82).
Regarding Claim 9: Jie discloses the medical device according to claim 1, further comprising
a base that extends from a lower end of the body part to a front side (See fig. 1: cap 21 comprising indicator 26 extends from lower end of carrier 30 to a front side), and
the indicator has a display area in which a state of the lock mechanism is displayed ((fig.’s 1-2, par. [n0038], and par. [n0048]: indicator marks 26.3 displayed in area of cap 21. See also fig. 7)), and the display area is disposed on the base (See fig. 1: cap 21 comprising indicator 26).
Jie does not disclose wherein the medical device is an ultrasound diagnostic apparatus
Kim discloses an analogous art (fig.’s 1-9 and par. 65: caster indicator 200 that displays the state of casters 110 provided on an ultrasonic diagnostic apparatus or a medical bed 1) wherein the medical device is an ultrasound diagnostic apparatus (fig. 1, abstract, par.’s 22-23, and par. 33: ultrasonic diagnostic apparatus 1), the ultrasound diagnostic apparatus further comprises
a body part of the ultrasound diagnostic apparatus (fig. 1 and par. 33: main body 10), one or more connection terminals that are provided on a front surface of the body part and to which a connector of an ultrasound probe is connected (fig. 1 and par.’s 33-34: connectors 51),
an auxiliary light source that is provided near an upper end of the body part and illuminates the one or more connection terminals and the base (fig. 1 and par.’s 33-38: The standard ultrasound display device as taught by Kim comprises multiple auxiliary light sources including at least displays 20 and 40. Furthermore, auxiliary light sources are well known in the art to be included in standard ultrasound diagnostic apparatuses).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Jie’s indicator to, as taught by Kim, be integrated into a standard ultrasonic diagnostic device thereby allowing the medical device to now produce clear indications of the casters’ locking position in both light and dark environments thereby increasing the utility of the overall device (Kim par.’s 81-82).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jie as applied to claim 1 above, and further in view of Suzuki (US 20030132065 A1).
Regarding Claim 7: Jie discloses the medical device according to claim 1, further comprising:
a base having a predetermined color (See fig. 1: cap 21 comprising indicator 26),
wherein the indicator switches and displays a lock image indicating the locked state and a release image indicating the released state in a display area defined in the base (fig.’s 2-4, fig. 7, fig. 16, par. [n0011] par. [n0038], par. [n0048] and par.’s [0082]-[0085]: indicator plate 26 with “OFF” and “STOP” indicator marks 26.3 viewable through observation hole 20.1 depending upon lock position).
Jie does not explicitly disclose the background colors of the release and lock images.
Suzuki discloses an analogous art (fig.’s 1-4a, abstract, and par. 40: caster lock indicator) wherein a background color of the release image or lock image is a color opposite to the color of the base, and a background color of the release image is a color similar to the color of the base (fig. 4a and par. 40: Suzuki disclose the use of background colors in areas 6a and 6b of “LOCK” and “FREE” lock indicator plate 6. Suzuki explicitly teaches the use of green and red (“opposite colors”) to differentiate locked and release states and the option to leave a portion blank (thereby, ”similar” to the predetermined color of indicator plate 6). Note that Suzuki explicitly teaches that opposing colors and/or colors similar to the base plate can be applied in whatever combination is appropriate.)2.
Suzuki does not explicitly disclose wherein the background color of the lock image is similar to the base
However, it has been held that aesthetic design changes in a device involve only routine skill in the art unless a new and unexpected result is produced. See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965). The background color of the lock image being similar to the base does not provide a new or unexpected result over the opposing color combinations of the indicator disclosed by Jie in view of Suzuki (wherein release and lock images have opposing background colors and the background of the release image is similar to the base). See MPEP 2144.04(I). Having the background of the lock image be similar to the base (and thereby the background color of the release image be opposite to the base) does not negatively affect the prior art, nor does the relative order of opposing/similar colors appear to be critical to the current invention.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Jie’s release and lock images to, as taught by Suzuki, have opposing background colors, with one image background color being opposite to the predetermined base color and the other image background color being similar to the predetermined color of the base, thereby producing a more visible and reliably recognizable indication of caster lock status (Suzuki par. 10, par. 40, and par. 67).
Regarding Claim 8: Jie in view of Suzuki discloses medical device according to claim 7, and Suzuki further discloses
wherein the lock image includes a background of a first color and a main figure that is a character or a figure, the release image includes a background of the second color and a main figure that is a character or a figure, and the first color is a color opposite to the second color (fig. 4a and par. 40: Suzuki disclose the use of background colors in areas 6a and 6b of “LOCK” and “FREE” lock indicator plate 6. Suzuki explicitly teaches the use of green and red (“opposite colors”) to differentiate locked and release states and the option to leave a portion blank (thereby, ”similar” to the predetermined color of indicator plate 6). Note that Suzuki explicitly teaches that opposing colors and/or colors similar to the base plate can be applied in whatever combination is appropriate.)3.
Suzuki does not explicitly disclose the lock image main figure drawn in the second color and the release image main figure drawn in the first color.
However, it has been held that aesthetic design changes in a device involve only routine skill in the art unless a new and unexpected result is produced. See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). See Ex parte Hilton, 148 USPQ 356 (Bd. App. 1965). The lock image main figure being drawn in the second color and the release image main figure being drawn in the first color does not provide a new or unexpected result over the opposing color combinations of the indicator disclosed by Jie in view of Suzuki (wherein release and lock images have opposing background colors the lock image and release image main figures are overlayed on said backgrounds). See MPEP 2144.04(I). Drawing the two images in inverse colors does not negatively affect the prior art, nor does it appear to be critical to the current invention.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Jie’s release and lock images to, as taught by Suzuki, to have opposite background colors thereby producing a more visible and reliably recognizable indication of caster lock status (Suzuki par. 10, par. 40, and par. 67).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Yao (CN 115303349 A) discloses the device according to certain limitations of at least claims 1-3.
Ross (US 20170065355 A1) discloses the device according to certain limitations of at least claims 1-3 and 9.
Nakajima (US 20130030292 A1) discloses the device according to certain limitations of at least claims 1 and 9.
Butter (US 5383536 A) discloses the device according to certain limitations of at least claims 1-2 and 7-8.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/EVAN MANCINI/Examiner, Art Unit 2855
/XIN Y ZHONG/Primary Examiner, Art Unit 2855
1 Citations made to attached translation of description.
2 Claim terminology ”a color opposite” and “a color similar” are interpreted under the broadest reasonable interpretation as would be understood by one of ordinary skill in the art. A “color opposite” is interpreted to mean a color reasonably distant from a first on a standard color wheel. A “color similar” is interpreted to mean a color within relative proximity to a first on a standard color wheel.
3 Claim terminology ”a color opposite” and “a color similar” are interpreted under the broadest reasonable interpretation as would be understood by one of ordinary skill in the art. A “color opposite” is interpreted to mean a color reasonably distant from a first on a standard color wheel. A “color similar” is interpreted to mean a color within relative proximity to a first on a standard color wheel.
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