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 referred to in the IDS filed September 26, 2024 has been considered.
Drawings
The drawings filed June 25, 2024 are approved.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 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.
In claim 1, it is unclear if Applicant intends to positively claim the combination of an inclinable leg rest device and a wheelchair, or the subcombination of an inclinable leg rest device for use with a wheelchair. The preamble appears to set forth the subcombination. Note the recitation “inclinable leg rest device for a wheelchair having a wheeled frame and a seat attached to the frame, the leg rest device comprising”. Line 5 appears to set forth the combination. Note the recitation “a structure mounted pivotably on said frame”. Similarly, lines 3 to 4 of claim 2 appear to set forth the combination. Note the recitation “wherein a rod is secured to the frame”. Similarly note line 2 of claim 3, which appears to set forth the combination. Note the recitation “wherein the movable board is connected to the frame”. Clarification in the claim language is required. Applicant is advised that for the purposes of examination, the claims have been treated as the intent is to positively claim the combination.
Claim 2 is indefinite as it depends from an indefinite claim.
Claim 3 recites the limitation "the folding operation" in lines 3 to 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites “a first return pulley” in lines 2 and 6, and “a return pulley” in line 5. It is unclear if either of these members is intended to represent the same structure as the “return pulleys” in claim 3, from which claim 4 depends.
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) 1, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over DE10104962C1 in view of Cheng (US9944208).
The primary reference shows all claimed features of the instant invention with the exception of the pads provided with the board, wherein the pads are adjustable with the board and are position adaptable;
In the primary reference, note an inclinable leg rest device capable of use with a wheelchair having a wheeled frame and a seat attached to the frame, the leg rest device comprising: a structure (5, 6) mounted pivotably on the frame (3, 4, 10); and a board (18) for calf placement and slidably mounted on said pivoting structure so as to enable a lengthwise adjustment and an adaptation of the positioning of the board, wherein the board is slidably mounted on said pivoting structure through a curved guide path (slot formed by 15 and 5), which is convex on the side that supports the legs. See Figure 5.
The secondary reference conventionally teaches configuring an inclinable leg rest device with pads (23) mounted on a board member (21).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding pads as provided on the board. This modification enhances user support and comfort, and necessarily provides position adjustment and adaptation of the pads with the board, as the board is selectively adjusted. This modification is representative of applying a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 1, 3 and 4, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over EP2438896A1 in view of Cheng (US9944208).
The primary reference shows all claimed features of the instant invention with the exception of the pads provided with the board, wherein the pads are adjustable with the board and are position adaptable;
In the primary reference, note an inclinable leg rest device capable of use with a wheelchair having a wheeled frame and a seat attached to the frame, the leg rest device comprising: a structure (7) mounted pivotably on the frame (2); and a board (8) for calf placement and slidably mounted on said pivoting structure so as to enable a lengthwise adjustment (see Figures 1-2) and an adaptation of the positioning of the board, wherein the board is slidably mounted on said pivoting structure through a curved guide path (see Figure 5 at the upper intersection of 7 and 8), which is convex on the side that supports the legs.
Regarding claim 3, note the movable board is connected to the frame by a strap (12) passing over return pulleys (10, 15), one (10) of which being movable under the effect of the pivoting, so as to generate a lengthening of the path of said strap during the folding operation, and vice versa, and thus the displacement of said movable board.
Regarding claim 4, note the pivoting structure (7) comprises a first return pulley (15) proximate to the pivot axis (5) of said pivoting structure, while a connecting rod (9) pivotably mounted by one end on the frame (2) and extending under the pivoting structure comprises, at its other end, a return pulley (10) capable of moving away from said first return pulley during the folding operation, and vice versa.
The secondary reference conventionally teaches configuring an inclinable leg rest device with pads (23) mounted on a board member (21).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding pads as provided on the board. This modification enhances user support and comfort, and necessarily provides position adjustment and adaptation of the pads with the board, as the board is selectively adjusted. This modification is representative of applying a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 2, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over EP2438896A1 in view of Cheng (US9944208), as applied to claim 1 above, and further in view of GB2330299A.
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the pivoting structure being moved by an electric jack secured to said pivoting structure.
In the primary reference, note a rod (9) that is secured to the frame, through a pivot (11) with an axis eccentric with respect to the pivot axis (5) of said pivoting structure.
The secondary reference conventionally teaches providing an inclinable leg rest device with an electric jack (14) secured to a pivoting structure of the device.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of GB2330299A by adding an electric jack as secured to the pivoting structure in order to enhance ease of selective adjustment of the leg rest device. This modification is representative of applying a known technique to a known device ready for improvement to yield predictable results.
Conclusion
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mn /MILTON NELSON JR/December 17, 2025 Primary Examiner, Art Unit 3636