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 .
Claim Objections
Claims 1, 4, 5, 8, 9, 13, 16 and 17 are objected to because of the following informalities:
In claim 1, line 5, “a first and second wheel” should be “a first and a second wheel;
In claim 1, line 10, “first or second arm member” should be “first or second arm members”;
In claim 4, line 1, “The stand assist mechanism 2” should be “The stand assist mechanism of claim 2”;
In claim 5, line 1, “The stand assist mechanism 4” should be “The stand assist mechanism of claim 4”;
In claim 8, line 3, “as to allow” should be “so as to allow”’
In claim 8, line 3, “fist” should be “first”;
In claim 9, line 2, “the ratchet lock as to” should be “the ratchet lock so as to”;
In claim 13, lines 3 and 4, “engaging” should be “engages” in both instances;
In claim 13, line 3, “of” should be deleted;
In claim 16, line 1, “The stand assist arm rest assembly 13” should be “The stand assist rest assembly of claim 13”; and
In claim 17, line 1, “The stand assist arm rest assembly 16” should be “The stand assist arm rest assembly of claim 16”.
Appropriate correction is required.
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.
Claims 8, 9 and 13 – 21 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.
Claim 8 recites the limitation "the pivot arm" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the pivot arm" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the arm tube" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claims 14 – 20 depend from claim 13, and therefore, are also rejected for the same reasons.
Claim 17 recites the limitation "the arm tube" in lines 4, 7 and 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the at least three locking positions" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the pivot arm" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the pivot arm" in lines 2 – 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the wheelchair" in lines 9 – 10. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claims 1 – 3, 13, 15, 16 and 21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 7,641,210 B2 to Babcock et al. (hereinafter referred to as Babcock).
Regarding claims 1 – 3, Babcock discloses a stand assist mechanism (assembly 4) configured to assist a user sitting into and/or rising from a wheelchair (chair 2), comprising:
[Claim 1] a wheelchair frame (framework 18);
a seat (sling-type seat 14) affixed to the frame and configured for supporting an individual;
a first and second wheel (right and left primary drive wheels 8) attached to the frame at left and right transversely opposed sides of the seat surface supporting the frame and positioned for rotation by the individual (See Fig. 1);
a first arm member (support column 48) engaging the frame inwardly of the first wheel (left primary drive wheel 8, as shown in Fig. 1) and a second arm member (right support column 48, as shown in Fig. 6) engaging the frame inwardly of the second wheel (right primary drive wheel 8, as shown in Figs. 1 and 6), a first and second handle assembly (handle or lever arm 40 and rotating hand knob 78, Fig. 2), each assembly comprising:
a mounting surface (head piece 70) engaging the respective first or second arm member of the wheelchair, the mounting surface affixed to a housing (the exterior surface of column 48, Fig. 2), a pivotable arm (handle or lever arm 40) extending from the housing to a user grip (rotating hand knob 78), wherein the pivotable arm is configured to rotate about a longitudinal axis (a vertical axis coincident with linkage rod 54, Fig. 2) of the housing (Col. 4, Lns. 52 – 54), a ratchet lock (linkage rod 54 with flange 91) disposed within the housing (See Fig. 2) configured to engage the pivotable arm (handle or lever arm 40) extending from the housing (the exterior surface of column 48, Fig. 2), and a linkage (brake member 92) configured to selectively disengage the ratchet lock (linkage rod 54 with flange 91) upon user activation (Col. 5, Lns. 8 – 12);
[Claim 2] wherein the pivotable arm (handle or lever arm 40) is configured to rotate through a range of motion of less than or equal to 180° (the pivotable arm is capable of rotating through 360 degrees and therefore can rotate through a range of 0 degrees to 180 degrees; Col. 4, Lns. 52 – 54); and
[Claim 3] where the range of motion is less than 180° and more than or equal to 170° (the pivotable arm is capable of rotating through 360 degrees and therefore can rotate through a range of 170 degrees to 180 degrees; Col. 4, Lns. 52 – 54).
Regarding claims 13, 15 and 16, Babcock discloses a stand assist arm rest assembly (drive/steering assembly 4) configured to assist a user sitting into and/or rising from a wheelchair (chair 2), comprising:
[Claim 13] a first arm (left drive/steering assembly 102, Fig. 6) configured to releasably engage (via fasteners 106, 110 and 112) a wheelchair frame (framework 18) of inwardly of a first wheel (left primary drive wheel 8, as shown in Figs. 1 and 6) and a second arm (right drive/steering assembly 102, Fig. 6) configured to engage the wheelchair frame (framework 18) inwardly of a second wheel (right primary drive wheel 8, as shown in Figs. 1 and 6), each of the first and second arms (right drive/steering assembly 102, Fig. 6) comprising:
an arm member (lever arm 40), wherein an upper exterior surface of the arm member (the upper surface of lever arm 40) defines an arm rest, one or more arm mounts (collars 110) extending downwardly from the arm member and configured to releasably engage the wheelchair frame (framework 18), a housing (the exterior surface of column 48, Fig. 2) extending from the arm member;
a pivotable arm (handle or lever arm 40) extending from a first end of the housing (the exterior surface of column 48, Fig. 2) to a user grip (rotating hand knob 78), wherein the pivotable arm is configured to rotate about a longitudinal axis (a vertical axis coincident with linkage rod 54, Fig. 2) of the housing;
a ratchet lock (linkage rod 54 with flange 91) disposed within the housing configured to engage the pivotable arm extending from the arm tube, and a linkage (brake member 92) configured to selectively disengage the ratchet lock (linkage rod 54 with flange 91) upon user activation (Col. 5, Lns. 8 – 12);
[Claim 15] wherein the pivotable arm (handle or lever arm 40) is configured to rotate through a range of motion of less than or equal to 180° (the pivotable arm is capable of rotating through 360 degrees and therefore can rotate through a range of 0 degrees to 180 degrees; Col. 4, Lns. 52 – 54);
[Claim 16] wherein the pivotable arm (handle or lever arm 40) has at least three locking positions within the range of motion (the pivotable arm is capable of rotating through 360 degrees and therefore can rotate through a range of 170 degrees to 180 degrees; Col. 4, Lns. 52 – 54).
Regarding claim 21, Babcock discloses a wheelchair assembly (chair 2), comprising:
a wheelchair frame (framework 18);
a seat (sling-type seat 14) affixed to the frame and configured for supporting an individual;
a first and second wheel (right and left primary drive wheels 8, as shown in Figs. 1 and 6) attached to the frame at left and right transversely opposed sides of the seat surface supporting the frame and positioned for rotation by the individual (See Figs. 1 and 6);
a first arm (left drive/steering assembly 102, Fig. 6) member (left drive/steering assembly 102) engaging the frame inwardly of the first wheel (left primary drive wheel 8, as shown in Fig. 1) and a second arm member (right drive/steering assembly 102, as shown in Fig. 6) engaging the frame inwardly of the second wheel (right primary drive wheel 8, as shown in Figs. 1 and 6), a first and second handle assembly (handle or lever arm 40 and rotating hand knob 78 one each assembly 102, Fig. 2), each assembly comprising:
a mounting surface (head piece 70) engaging the respective first or second arm member (left or right support column 48, as shown in Fig. 6) of the wheelchair (chair 100), the mounting surface affixed to a housing (the exterior surface of column 48, Fig. 2), a pivotable arm (handle or lever arm 40) extending from the housing to a user grip (rotating hand knob 78), wherein the pivotable arm is configured to rotate about a longitudinal axis (a vertical axis coincident with linkage rod 54, Fig. 2) of the housing through a range of motion of less than or equal to 180° (the pivotable arm is capable of rotating through 360 degrees and therefore can rotate through a range of 0 degrees to 180 degrees; Col. 4, Lns. 52 – 54);
a ratchet lock (linkage rod 54 with flange 91) disposed within the housing (the exterior surface of column 48, Fig. 2) configured to engage the pivotable arm extending from the housing and provide the pivotable arm with at least three locking positions within the range of motion, the at least three locking positions comprising:
a first position (shown in Fig. 2) being a raised position in which the user grip (rotating hand knob 78) is disposed at a height greater than a height of the arm member (lever arm 40);
a second position (shown in Figs. 5 and 6) being an outer position in which the user grip (rotating hand knob 78) is disposed distally of the arm member (lever arm 40); and,
a linkage (brake member 92) configured to selectively disengage the ratchet lock (linkage rod 54 with flange 91) upon user activation.
However, Babcock does not disclose a third position being a lowered position in which the user grip is disposed at a height less than the height of the arm member.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Babcock, modified by patent number US 4,455,045 to Linderoth.
Regarding claim 11, Babcock discloses the stand assist mechanism (assembly 4) of claim 1, but does not disclose wherein a length of the pivotable arm is telescopically adjustable. However, Linderoth discloses a wheelchair assist mechanism (attachment components 12) wherein the length of the mechanism is telescopically adjustable ( Col. 5, Lns. 52 – 62, and Figs. 3 and 4). Although, Linderoth discloses a vertically telescopic adjustable arm, it would have been obvious to one of ordinary skill in the art, before the effective filing date to modify Babcock, such that the horizontal length of its arm is telescopically adjustable to accommodate persons and/ or wheelchairs of different dimensions.
Allowable Subject Matter
Claims 4 – 7, 10 and 12 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.
Claims 14 and 17 – 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 4, Babcock discloses the stand assist mechanism of claim 2, but does not disclose wherein the pivotable arm has at least three locking positions within the range of motion. Instead, Babcock’s lock works by lifting arm (40) to engage the flange (91) with brake member (92; Col. 5, Lns. 9 – 12). Claims 5 – 10 depend from claim 4, and therefore, are allowable for the same reasons.
Regarding claim 12, Babcock discloses the stand assist mechanism of claim 1, but does not further disclose the stand assist mechanism comprises a protective finger shroud disposed in part between the housing and the arm member. There is no way to place a finger between arm (40) and the housing (outer surface of column 48) without risk of injuring the rider.
Regarding claim 14, Babcock discloses the stand assist arm rest assembly of claim 13, but does not disclose the assembly further comprising an arm tube wherein the arm member defines a rearward portion of the arm tube and the housing defines a front portion of the arm tube. It would not be obvious to one of ordinary skill to modify Babcock’s lever arm (40) to be configured as in claim 14 because doing so would interfere with the intended operation of the device.
Regarding claim 17, Babcock discloses the stand assist arm rest assembly (drive/steering assembly 4) of claim 16, wherein the at least three locking positions comprise:
a first position (shown in Fig. 2) being a raised position in which the user grip (rotating hand knob 78) is disposed at a height greater than a height of the arm tube when the first or second arm (right or left drive/steering assembly 102, Fig. 6) is engaging a wheelchair frame (framework 18);
a second position (shown in Figs. 5 and 6) being an outer position in which the user grip is disposed distally of the arm tube when the first or second arm (right or left drive/steering assembly 102, Fig. 6) is engaging a wheelchair frame.
However, Babcock does not disclose: a third position being a lowered position in which the user grip is disposed at a height less than the height of the arm tube when the first or second arm is engaging a wheelchair frame. Claims 18 – 20 depend from claim 17, and therefore, are also allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./ Supervisory Patent Examiner, Art Unit 3611
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