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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, Claims 1-12 in the reply filed on February 23rd, 2026 is acknowledged.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newkirk (US 2023/0107717). Applicant may overcome this rejection by providing convincing evidence (or filing an affidavit or declaration under 37 CFR 1.130(a)(b)) that the disclosure was made one year or less before the effective filing date of the claimed invention, and:
1) the disclosure was made by the inventor, a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor; or
2) before such disclosure, the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor. See 35 USC 102(b)(1).
Regarding Claim 1, Newkirk discloses a patient support apparatus comprising:
a support frame (18),
a patient support deck (20) including
a thigh deck (24) section pivotably coupled to the support frame at a first pivot (304) of the thigh deck section (see para. [0057]) and movable relative to the support frame (see Fig. 1),
a calf deck section (26) pivotably coupled to the thigh deck section at a second pivot (306) of the thigh deck section (see para. [0057]), the calf deck section having a distal end away from the thigh deck section (see Fig. 1),
a motion control linkage (286, 288, 290, 296) engaged with the calf deck section and the support frame to control movement of the calf deck section relative to the support frame, and
a variable length bias member (280) supported on the support frame and applying a bias force to the thigh deck section, the variable length bias member movable between a first position in which the variable length bias member applies a force to the thigh deck section that secures the thigh deck section and the calf deck section in a flat configuration (see Fig. 9) and a second position in which the variable length bias member causes the thigh deck section and the calf deck section to move such that the second pivot of the thigh deck section is moved vertically upwardly and the distal end of the calf deck section is positioned vertically lower than the first pivot of the thigh deck section (see Fig. 10).
Regarding Claim 2, Newkirk discloses wherein the variable length bias member is configured to apply the bias force directly to a side of the first pivot of the thigh deck section opposite the second pivot of the thigh deck section when thigh deck section and the calf deck section are in the flat configuration (see para [0058] and Fig. 9).
Regarding Claim 3, Newkirk discloses wherein the bias force is configured to produce a moment about the first pivot of the thigh deck section and urge the second pivot of the thigh deck section toward the support frame (see Fig. 9).
Regarding Claim 4, Newkirk discloses wherein the bias member is configured to apply the bias force directly between the first pivot and the second pivot of the thigh deck section when the variable length bias member is in the second position (see Fig. 10).
Regarding Claim 5, Newkirk discloses wherein the bias force is configured to produce a moment about the first pivot of the thigh deck section and urge the second pivot of the thigh deck section away from the support frame (see Fig. 10).
Regarding Claim 6, Newkirk discloses wherein the bias member is a gas spring (see para. [0061]).
Claim(s) 1-6, 9-11, 21-23, and 26-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osborne (US 2006/0096029).
Regarding Claim 1, Osborne discloses a patient support apparatus comprising:
a support frame (52),
a patient support deck (14) including
a thigh deck (26) section pivotably coupled to the support frame at a first pivot (116) of the thigh deck section and movable relative to the support frame (see Fig. 22-23),
a calf deck section (28) pivotably coupled to the thigh deck section at a second pivot (118) of the thigh deck section (see para. [0182]), the calf deck section having a distal end away from the thigh deck section (see Fig. 22),
a motion control linkage (124) engaged with the calf deck section and the support frame to control movement of the calf deck section relative to the support frame, and
a variable length bias member (122) supported on the support frame and applying a bias force to the thigh deck section, the variable length bias member movable between a first position in which the variable length bias member applies a force to the thigh deck section that secures the thigh deck section and the calf deck section in a flat configuration (see Fig. 22) and a second position in which the variable length bias member causes the thigh deck section and the calf deck section to move such that the second pivot of the thigh deck section is moved vertically upwardly and the distal end of the calf deck section is positioned vertically lower than the first pivot of the thigh deck section (see Fig. 25).
Regarding Claim 2, Osborne discloses wherein the variable length bias member is configured to apply the bias force directly to a side of the first pivot of the thigh deck section opposite the second pivot of the thigh deck section when thigh deck section and the calf deck section are in the flat configuration (see Fig. 24).
Regarding Claim 3, Osborne discloses wherein the bias force is configured to produce a moment about the first pivot of the thigh deck section and urge the second pivot of the thigh deck section toward the support frame (see Fig. 23[Wingdings font/0xE0]22).
Regarding Claim 4, Osborne discloses wherein the bias member is configured to apply the bias force directly between the first pivot and the second pivot of the thigh deck section when the variable length bias member is in the second position (see Fig. 25).
Regarding Claim 5, Osborne discloses wherein the bias force is configured to produce a moment about the first pivot of the thigh deck section and urge the second pivot of the thigh deck section away from the support frame (see Fig. 25).
Regarding Claim 6, Osborne discloses wherein the bias member is a gas spring (see para. [0061]).
Regarding Claim 9, Osborne discloses an adjustable-length strut (134) positioned between the support frame and the thigh deck section.
Regarding Claim 10, Osborne discloses wherein the adjustable- length strut is movable between a first position (Fig. 22) and a second position (Fig. 25), and lockable at a plurality of positions (locked in Figs. 22 and 23 and unlocked in Figs. 24 and 25, see para. [0192]) therebetween.
Regarding Claim 11, Osborne discloses wherein the adjustable- length strut is movable between the first position and the second position by using a release mechanism (handles 136, see para. [0195]) located at the calf deck section.
Regarding Claim 21, Osborne discloses an adjustable-length strut (134) positioned between the support frame and the thigh deck section.
Regarding Claim 22, Osborne discloses wherein the adjustable- length strut is movable between a first position (Fig. 22) and a second position (Fig. 25), and lockable at a plurality of positions (locked in Figs. 22 and 23 and unlocked in Figs. 24 and 25, see para. [0192]) therebetween.
Regarding Claim 23, Osborne discloses wherein the adjustable- length strut is movable between the first position and the second position by using a release mechanism (handles 136, see para. [0195]) located at the calf deck section.
Regarding Claim 26, Osborne discloses wherein the bias force is configured to produce a moment about the first pivot of the thigh deck section and urge the second pivot of the thigh deck section toward the support frame (see Fig. 23[Wingdings font/0xE0]22)..
Regarding Claim 27, Osborne discloses wherein the bias member is a gas spring (see para. [0061]).
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, 8, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne (US 2006/0096029) in view of Reuschenbach (US 4,307,874).
Regarding Claims 7, 8, 24, and 25, Osborne fails to disclose wherein the gas spring has a first spring rate through a first distance of compression and a second spring rate through a second distance of compression and wherein the gas spring comprises a mechanical spring engaged during the second distance of compression. Reuschenbach teaches wherein a gas spring (Fig. 1) has a first spring rate through a first distance of compression (through 20, 72, and 74) and a second spring rate through a second distance (through 20, 72, 74, and 76) of compression and wherein the gas spring comprises a mechanical spring (62) engaged during the second distance of compression. Osborne and Reuschenbach are analogous art because they are from the same field of endeavor, i.e. gas springs used to hold up structures. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the gas spring of Osborne with the gas spring of Reuschenbach, since this would be simply substituting one known item (generic gas spring) for another (gas spring with mechanical spring) to obtain predictable results (further smooth transition from an extended position to a compressed position, see Col. 4, Lines 18-23 ). See MPEP 2143(I)(B).
Allowable Subject Matter
Claims 12 and 28 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: None of the cited prior art of record show the “adjustable- length strut” as required by the claims as an electric actuator. Osborne shows a linkage system that changes effective lengths through manual actuation handles. There is no motivation to modify Osborne’s linkage system into an electric actuator as required by the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/Primary Examiner, Art Unit 3619